Rep. Ann M. Williams

Filed: 5/24/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1289

2    AMENDMENT NO. ______. Amend Senate Bill 1289, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title; references to Act.
6    (a) This Act may be cited as the Safety and Aid for the
7Environment in Carbon Capture and Sequestration Act.
8    (b) This Act may be referred to as the SAFE CCS Act.
 
9    Section 5. Definitions. As used in this Act:
10    "Carbon dioxide sequestration reservoir" means a portion
11of a sedimentary geologic stratum or formation containing pore
12space, including, but not limited to, depleted reservoirs and
13saline formations, that is suitable for the injection and
14permanent storage of carbon dioxide.
15    "Nonconsenting pore space owner" means a titleholder, as
16identified in the deed, of any surface estate that overlies

 

 

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1pore space proposed to be used for sequestration of carbon
2dioxide, who does not consent to the use of their pore space
3for the sequestration of carbon dioxide.
4    "Pore space" means the portion of geologic media that
5contains gas or fluid, including, but not limited to, oil or
6water, and that can be used to store carbon dioxide. "Pore
7space" also includes solution-mined cavities.
8    "Pore space owner" means the person who has title to a pore
9space.
10    "Sequestration facility" means the carbon dioxide
11sequestration reservoir, underground equipment, including, but
12not limited to, well penetrations, and surface facilities and
13equipment used or proposed to be used in a geologic storage
14operation. "Sequestration facility" includes each injection
15well and equipment used to connect the surface facility and
16equipment to the carbon dioxide sequestration reservoir and
17underground equipment. "Sequestration facility" does not
18include pipelines used to transport carbon dioxide to a
19sequestration facility.
 
20    Section 10. Ownership and conveyance of pore space.
21    (a) Title to pore space belongs to and is vested in the
22surface owner of the surface estate.
23    (b) A conveyance of title to a surface estate conveys
24title to the pore space in all strata underlying the surface
25estate.

 

 

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1    (c) Title to pore space may not be severed from title to
2the surface estate. A grant of easement or lease for use of
3pore space is not a severance prohibited under this
4subsection.
5    (d) A grant of easement or lease for use of pore space
6shall not confer any right to enter upon or otherwise use the
7surface of the land unless the grant of easement expressly so
8provides that right.
9    (e) Any grant of easement for use of pore space or pore
10space lease abstract shall be recorded in the same manner as
11easements of real estate. If the holder of an easement or lease
12of pore space withdraws or is denied a permit for
13sequestration of carbon dioxide under Section 22.64 of the
14Environmental Protection Act, including, but not limited to,
15the disapproval of financial assurance under subsection (e) of
16Section 22.64 of the Environmental Protection Act, the owner
17of the surface estate shall have the right to have the title or
18interest returned for any amounts paid to the holder of the
19easement or lease.
20    (f) Nothing in this Section shall be construed to change
21or alter the common law existing as of the effective date of
22this Act as it relates to the rights belonging to, or the
23dominance of, the mineral estate.
 
24    Section 15. Integration and unitization of ownership
25interests.

 

 

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1    (a) If at least 2 pore space owners own pore space located
2within a proposed sequestration facility, the owners may agree
3to integrate the owners' interests to develop the pore space
4as a proposed sequestration facility for the underground
5sequestration of carbon dioxide.
6    (b) If all of the pore space owners within a proposed or
7permitted sequestration facility do not agree to integrate the
8pore space owners' interests, the sequestration operator may
9petition the Department of Natural Resources to issue an order
10requiring the pore space owners to integrate their interests
11and authorizing the sequestration operator or sequestration
12facility permit holder to develop and use the integrated pore
13space as a sequestration facility for carbon sequestration.
14Such an order for unitization and integration of pore space
15may only be issued if the sequestration operator has obtained
16the rights from pore space owners of pore space underlying at
17least 75% of the surface area above the proposed sequestration
18facility. The petition shall include, but is not limited to:
19        (1) the name and address of the petitioners;
20        (2) the property index numbers or legal descriptions
21    for the parcels of property and a geologic description of
22    the pore space within the proposed or permitted
23    sequestration facility;
24        (3) a disclosure of any parcels of property overlying
25    the pore space to be integrated, identified by property
26    index numbers or legal descriptions, in which the

 

 

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1    applicant, any of its owners, officers, corporate
2    subsidiaries, or parents, sister companies, or affiliates,
3    at the time of submission of the application or within 10
4    years prior to the submission of the application, have or
5    had any real or personal interest, whether direct or
6    indirect;
7        (4) the names and addresses of all pore space owners
8    owning property within the proposed or permitted
9    sequestration facility as disclosed by the records of the
10    office of the recorder for the county or counties in which
11    the proposed or permitted sequestration facility is
12    situated and a list of consenting and nonconsenting pore
13    space owners, as well as a list of all properties for which
14    a pore space owner is unknown or nonlocatable;
15        (5) a statement that the petitioner has exercised due
16    diligence to locate each pore space owner and to seek an
17    agreement with each for pore space rights for the
18    sequestration facility, including a description of the
19    good faith efforts taken to identify, contact, and
20    negotiate with each nonconsenting pore space owner;
21        (6) a statement of the type of operations for the
22    proposed or permitted sequestration facility;
23        (7) a plan for determining the quantity of pore space
24    sequestration capacity to be assigned to each separately
25    owned parcel of property based on the surface area acreage
26    overlying the proposed or permitted sequestration facility

 

 

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1    and for using the surface for Class VI well permit
2    required activities under Section 35;
3        (8) the method by which pore space owners will be
4    compensated for use of the pore space, and a copy of all
5    agreements entered into with consenting pore space owners
6    regarding the compensation paid to a consenting pore space
7    owner;
8        (9) the method by which nonconsenting pore space
9    owners will receive just compensation; and
10        (10) a nonrefundable application fee of $250,000.
11    The application fee shall be deposited into the Oil and
12Gas Resource Management Fund for the Department of Natural
13Resources' costs related to administration of this Act.
14    (c) If the petition for a unitization order concerns
15unknown or nonlocatable pore space owners, the applicant shall
16provide public notice once a week for 2 consecutive weeks in
17the newspaper of the largest circulation in each county in
18which the proposed sequestration facility is located within 30
19days prior to submission of the petition for a unitization and
20integration order. The petitioner shall file proof of such
21notice with the Department of Natural Resources with the
22petition. The petitioner shall also provide public notice of
23the public hearing described in subsection (d) in the same
24manner within 30 days prior to the hearing on the petition for
25a unitization order. The petitioner shall also send notice of
26the filing of the petition and the notice of the public hearing

 

 

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1via certified mail to the last known address of each
2nonlocatable pore space owner and provide copies of those
3notices to the Department of Natural Resources. The notice
4shall:
5        (1) state that a petition for a unitization and
6    integration order has been filed with the Department of
7    Natural Resources;
8        (2) describe the formation or formations and pore
9    space proposed to be unitized;
10        (3) in the case of an unknown pore space owner,
11    indicate the name of the last known pore space owner;
12        (4) in the case of a nonlocatable pore space owner,
13    identify the pore space owner and the owner's last known
14    address; and
15        (5) state that any person claiming an interest in the
16    properties proposed to be unitized should notify the
17    operator of the proposed sequestration facility at the
18    published address within 20 days of the publication date.
19    Unknown or nonlocatable pore space owners that have not
20claimed an interest by the time of the Department of Natural
21Resources' public notice in subsection (d) shall be deemed to
22have consented to unitization and integration of their pore
23space.
24    (d) Prior to issuing an order to unitize and integrate
25pore space, the Department of Natural Resources shall issue a
26public notice of the petition and shall hold a public hearing

 

 

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1on the petition. The public notice shall include copies of the
2petition and all included attachments that are not protected
3under the Freedom of Information Act. The public notice shall
4include an opportunity for public comments and shall contain
5the date, time, and location of the public hearing as decided
6by the Department. At the public hearing, the Department shall
7allow interested persons to present views and comments on the
8petition. The hearings must be open to the public and recorded
9by stenographic or mechanical means. The Department of Natural
10Resources will make available on its website copies of all
11comments received.
12    (e) The Department of Natural Resources shall issue an
13order unitizing and integrating pore space under subsection
14(b) within 60 days after the hearing upon a showing that:
15        (1) the petitioner has obtained a Class VI well permit
16    or, if the well permit application is still pending at
17    least one year from the date the petition has been filed,
18    that the petitioner has received a Finding of
19    Administrative Completeness from the United States
20    Environmental Protection Agency;
21        (2) the petitioner has made a good faith effort to
22    seek an agreement with all pore space owners located
23    within the proposed or permitted sequestration facility;
24        (3) the petitioner has obtained the rights from pore
25    space owners of at least 75% of the surface area above the
26    proposed sequestration facility; and

 

 

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1        (4) all nonconsenting pore space owners have received
2    or will receive just compensation for use of the pore
3    space and use of the surface for Class VI well permit
4    required activities. Such compensation shall be no less
5    than the average total payment package, considered as a
6    whole with respect to an individual owner, provided in
7    agreements during the previous 365 days to similarly
8    situated consenting pore space owners. Such compensation
9    shall exclude any incentives provided to consenting pore
10    space owners prior to the initiation of injection. Such
11    compensation shall include any operations term or
12    injection term payments made upon or after the initiation
13    of injection provided to consenting pore space owners in
14    consideration of allowing use of their pore space for
15    sequestration of carbon dioxide. In determining if pore
16    space owners are similarly situated, the Department of
17    Natural Resources shall take into account: the size,
18    location, and proximity of the pore space; the geologic
19    characteristics of the pore space; the restrictions on the
20    use of the surface; the actual use of the surface; the
21    relevant law applicable at the time the consenting pore
22    space agreement was signed; title defects and title
23    warranties; the proximity of the pore space owners'
24    property to any carbon sequestration infrastructure on the
25    surface; whether the injection interferes with any known
26    mineral rights; and the fair market value of pore space

 

 

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1    when entering into a commercial contract. When evaluating
2    the compensation provided to a similarly situated pore
3    space owner, the Department of Natural Resources shall
4    exclude any compensation provided to a pore space owner of
5    a property identified by the applicant in paragraph (3) of
6    subsection (b) and any compensation that was not provided
7    as part of an arm's length transaction.
8        Unknown or nonlocatable pore space owners shall also
9    receive just compensation in the same manner as provided
10    to the other nonconsenting pore space owners that must be
11    held in a separate escrow account for 20 years for future
12    payment to the previously unknown or nonlocatable pore
13    space owner upon discovery of that owner. After 20 years,
14    the compensation shall be transferred to the State
15    Treasurer under the Revised Uniform Unclaimed Property
16    Act.
17    (f) The Department of Natural Resources' order for
18unitization and integration of pore space under this Section
19is not effective until the petitioner has been issued a Class
20VI well permit from the United States Environmental Protection
21Agency and the carbon sequestration permit from the Illinois
22Environmental Protection Agency.
23    (g) An order for integration and unitization under this
24Section shall: provide for the unitization of the pore space
25identified in the petition; authorize the integration of pore
26space of nonconsenting pore space owners in the pore space

 

 

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1identified; provide for who may unitize the pore space to
2establish a sequestration facility to be permitted by the
3Illinois Environmental Protection Agency; and make provision
4for payment of just compensation to nonconsenting pore space
5owner under the integration order.
6    (h) A petitioner shall provide a copy of any order for
7unitization and integration of pore space to the Illinois
8Environmental Protection Agency.
9    (i) If groundwater monitoring required by a Class VI
10permit indicates that the source of drinking water has been
11rendered unsafe to drink or to provide to livestock, the
12sequestration operator shall provide an alternate supply of
13potable drinking water within 24 hours of the monitoring
14results becoming available and an alternate supply of water
15that is safe for other uses necessary within 30 days of the
16monitoring results becoming available. The alternate supplies
17of both potable water and water that is safe for other uses
18shall continue until additional monitoring by the
19sequestration operator shows that the water is safe for
20drinking and other uses.
21    (j) After an order for unitization and integration of pore
22space is issued, the petitioner shall request that the
23Department of Natural Resources issue separate orders
24establishing the amount of just compensation to be provided to
25each nonconsenting pore space owner. When submitting this
26request, the petitioner shall provide information

 

 

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1demonstrating the good faith efforts taken to negotiate an
2agreement with the nonconsenting pore space owner, including,
3but not limited to, the number and extent of the petitioner's
4contacts with the pore space owner, whether the petitioner
5explained the compensation offer to the pore space owner,
6whether the compensation offer was comparable to similarly
7situated pore space owners, what efforts were made to address
8the pore space owner's concerns, and the likelihood that
9further negotiations would be successful. All orders requiring
10the provision of just compensation shall be made after notice
11and hearing in which the Department of Natural Resources shall
12determine the appropriate amount of just compensation to be
13provided to each nonconsenting pore space owner as described
14in this Section. The Department shall adopt reasonable rules
15governing such hearings as may be necessary. In such a
16hearing, the burden shall be on the petitioner to prove the
17appropriate amount of just compensation consistent with this
18Section. Both the petitioner and the pore space owner shall be
19permitted to provide testimony and evidence regarding the
20appropriateness of the amount of just compensation proposed by
21the sequestration operator. An order by the Department of
22Natural Resources establishing the appropriate amount of just
23compensation to be provided to a nonconsenting pore space
24owner shall be a final agency decision subject to judicial
25review under the Administrative Review Law. Such proceedings
26for judicial review may be commenced in the circuit court of

 

 

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1the county in which any part of the pore space is situated. The
2Department of Natural Resources shall not be required to
3certify any record to the court or file any answer in court or
4otherwise appear in any court in a judicial review proceeding,
5unless there is filed in the court with the complaint a receipt
6from the Department of Natural Resources acknowledging payment
7of the costs of furnishing and certifying the record. Failure
8on the part of the plaintiff to file such receipt in court
9shall be grounds for dismissal of the action.
 
10    Section 20. Surface access for pore space owners.
11    (a) If a sequestration operator must enter upon the
12surface property of an affected pore space owner to comply
13with Class VI well permit requirements or carbon sequestration
14activity permit requirements for the purposes of monitoring a
15sequestration facility or to respond to an emergency causing
16immediate risk to human health, environmental resources, or
17infrastructure, the sequestration operator must undertake such
18activities in such a way as to minimize the impact to the
19surface of the parcel of property and to ensure that the
20following requirements are met:
21        (1) The required actions under the Class VI well
22    permit or carbon sequestration activity permit shall be
23    limited to surface monitoring activities, such as
24    geophysical surveys, but does not include the installation
25    of surface infrastructure except as provided in paragraphs

 

 

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1    (2) and (3).
2        (2) Shallow groundwater monitoring wells shall be
3    allowed to be installed on such property only if the
4    carbon dioxide plume may have unexpectedly migrated and
5    the United States Environmental Protection Agency or the
6    Illinois Environmental Protection Agency requires
7    monitoring of groundwater for potential carbon dioxide
8    impact.
9        (3) Injection wells, deep monitoring wells, and
10    surface infrastructure other than shallow groundwater
11    monitoring wells as allowed by paragraph (2) will not be
12    located on the parcel of property of an affected pore
13    space owner without the express written consent of such
14    owner.
15    (b) Except in an emergency causing immediate risk to human
16health, environmental resources, or infrastructure, a
17sequestration operator shall not enter upon the surface
18property for purposes of undertaking required activities under
19a Class VI well permit or carbon sequestration permit of any
20affected pore space owner until 30 days after providing
21written notice to the affected pore space owner by registered
22mail and after providing a second notice to the pore space
23owner of record, as identified in the records of the relevant
24county tax assessor, by telephone or email or by registered
25mail in the event the property owner has not been notified by
26other means, at least 3 days, but not more than 15 days, prior

 

 

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1to the stated date in the notice, identifying the date when
2access will first begin on the owner's property and informing
3the affected pore space owner that the owner or the owner's
4agent may be present when the access occurs.
 
5    Section 25. Compensation for damages to the surface.
6    (a) An affected pore space owner is entitled to reasonable
7compensation from the sequestration operator for damages
8resulting from surface access to the affected pore space
9owner's property for required activities taken under a Class
10VI well permit or carbon sequestration activity permit,
11including:
12        (1) compensation for damage to growing crops, trees,
13    shrubs, fences, roads, structures, improvements, personal
14    property, and livestock thereon and compensation for the
15    loss of the value of a commercial crop impacted by
16    required activities taken by a sequestration operator
17    under a Class VI well permit or carbon sequestration
18    activity permit; the value of the crop shall be calculated
19    based on local market price by:
20            (A) determining the average per acre yield for the
21        same crop on comparable adjacent acreage;
22            (B) determining the price received for the sale of
23        the same crop on comparable adjacent acreage;
24            (C) determining the acreage of the area impacted
25        by Class VI well permit activities and applying the

 

 

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1        determined price; and
2            (D) the initial determination of the value of the
3        crop shall be determined by the affected pore space
4        owner and submitted to the sequestration operator;
5        (2) compensation to return the surface estate,
6    including soil conservation practices, such as terraces,
7    grassed waterways, and other conservation practices, to a
8    condition as near as practicable to the condition of the
9    surface prior to accessing the property;
10        (3) compensation for damage to the productive
11    capability of the soil resulting from compaction or
12    rutting, including, but not limited to, compensation for
13    when a sequestration operator accesses a property where
14    excessively wet soil conditions would not allow normal
15    farming operations due to increased risk of soil erosion,
16    rutting, or compaction; if there is a dispute between the
17    sequestration operator and the affected pore space owner
18    regarding the value of the damage to the productive
19    capability of the soil, the sequestration operator shall
20    consult with a representative of the soil and water
21    conservation district in the respective county where the
22    parcel of property is located for recommendations to
23    restore the productive capability of the soil; and
24        (4) compensation for damage to surface and subsurface
25    drainage, including, but not limited to:
26            (A) compensation in that the sequestration

 

 

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1        operator shall perform immediate and temporary repairs
2        for damage that occurs to subsurface drainage tiles
3        that have water actively flowing through them at the
4        time of damage; and
5            (B) compensation such that the sequestration
6        operator shall compensate the affected pore space
7        owner to permanently restore drainage to a condition
8        as near as practicable to the condition of the
9        drainage prior to accessing the property.
10    (b) The compensation for damages required by subsection
11(a) shall be paid in any manner mutually agreed upon by the
12sequestration operator and the affected pore space owners.
13Unless otherwise agreed, the sequestration operator shall
14tender to the surface owner payment by check or draft in
15accordance with this Section 45 no later than 60 days after
16completing the required activities under a Class VI well
17permit or carbon sequestration permit if the occurrence or
18value of damages is not disputed. The pore space owner's
19remedy for unpaid or disputed compensation shall be an action
20for damages in any court of competent jurisdiction for the
21parcel of property or the greater part thereof on which the
22activities were conducted and shall be entitled to recover
23reasonable damages and attorney's fees if the pore space owner
24prevails.
 
25    Section 30. Additional landowner rights.

 

 

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1    (a) Any carbon dioxide injection well or deep monitoring
2well authorized by the United States Environmental Protection
3Agency through a valid UIC Class VI permit must adhere to the
4new well set back requirements of 62 Ill. Adm. Code
5240.410(f).
6    (b) If there is a significant leak of carbon dioxide from
7an injection well, monitoring well, or other point on the
8surface, which is associated with carbon sequestration
9activity, all landowners shall be entitled to medical
10monitoring of a scope and duration to be determined by the
11Department of Public Health at the expense of the carbon
12dioxide sequestration facility operator.
13    (c) Prior to the commencement of carbon dioxide injection,
14the sequestration operator shall inform, via certified mail,
15each property owner overlying the carbon sequestration
16facility of the opportunity to request from the sequestration
17operator an accurate, well-functioning carbon dioxide monitor,
18which the sequestration operator shall provide to the property
19owner within 30 days of receiving a written request.
20    (d) If monitoring conducted pursuant to United States
21Environmental Protection Agency or Illinois Environmental
22Protection Agency requirements shows that carbon dioxide has
23migrated into the pore space of a pore space owner not
24previously included within an application or order integrating
25pore space, the sequestration operator shall, within 14 days,
26notify that pore space owner of the migration and of the

 

 

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1opportunity to petition the Department of Natural Resources
2for inclusion in the integrated area. If the pore space owner
3submits such a petition, the sequestration operator shall
4provide to the Department of Natural Resources, for its
5consideration of the petition, the monitoring information
6showing the migration of the carbon dioxide into the pore
7space of the pore space owner at issue. The Department of
8Natural Resources shall grant such a petition if it determines
9that stored carbon dioxide from a permitted sequestration
10facility is physically present in the pore space owned by the
11pore space owner. If the Department of Natural Resources
12grants the petition for inclusion in the integrated area and
13the pore space owner has not entered into an agreement with the
14sequestration operator for use of the pore space, the pore
15space owner shall be considered a nonconsenting pore space
16owner entitled to just compensation.
 
17    Section 35. The Illinois Emergency Management Agency Act
18is amended by changing Section 5 as follows:
 
19    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
20    Sec. 5. Illinois Emergency Management Agency.
21    (a) There is created within the executive branch of the
22State Government an Illinois Emergency Management Agency and a
23Director of the Illinois Emergency Management Agency, herein
24called the "Director" who shall be the head thereof. The

 

 

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1Director shall be appointed by the Governor, with the advice
2and consent of the Senate, and shall serve for a term of 2
3years beginning on the third Monday in January of the
4odd-numbered year, and until a successor is appointed and has
5qualified; except that the term of the first Director
6appointed under this Act shall expire on the third Monday in
7January, 1989. The Director shall not hold any other
8remunerative public office. For terms beginning after January
918, 2019 (the effective date of Public Act 100-1179) and
10before January 16, 2023, the annual salary of the Director
11shall be as provided in Section 5-300 of the Civil
12Administrative Code of Illinois. Notwithstanding any other
13provision of law, for terms beginning on or after January 16,
142023, the Director shall receive an annual salary of $180,000
15or as set by the Governor, whichever is higher. On July 1,
162023, and on each July 1 thereafter, the Director shall
17receive an increase in salary based on a cost of living
18adjustment as authorized by Senate Joint Resolution 192 of the
1986th General Assembly.
20    For terms beginning on or after January 16, 2023, the
21Assistant Director of the Illinois Emergency Management Agency
22shall receive an annual salary of $156,600 or as set by the
23Governor, whichever is higher. On July 1, 2023, and on each
24July 1 thereafter, the Assistant Director shall receive an
25increase in salary based on a cost of living adjustment as
26authorized by Senate Joint Resolution 192 of the 86th General

 

 

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1Assembly.
2    (b) The Illinois Emergency Management Agency shall obtain,
3under the provisions of the Personnel Code, technical,
4clerical, stenographic and other administrative personnel, and
5may make expenditures within the appropriation therefor as may
6be necessary to carry out the purpose of this Act. The agency
7created by this Act is intended to be a successor to the agency
8created under the Illinois Emergency Services and Disaster
9Agency Act of 1975 and the personnel, equipment, records, and
10appropriations of that agency are transferred to the successor
11agency as of June 30, 1988 (the effective date of this Act).
12    (c) The Director, subject to the direction and control of
13the Governor, shall be the executive head of the Illinois
14Emergency Management Agency and the State Emergency Response
15Commission and shall be responsible under the direction of the
16Governor, for carrying out the program for emergency
17management of this State. The Director shall also maintain
18liaison and cooperate with the emergency management
19organizations of this State and other states and of the
20federal government.
21    (d) The Illinois Emergency Management Agency shall take an
22integral part in the development and revision of political
23subdivision emergency operations plans prepared under
24paragraph (f) of Section 10. To this end it shall employ or
25otherwise secure the services of professional and technical
26personnel capable of providing expert assistance to the

 

 

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1emergency services and disaster agencies. These personnel
2shall consult with emergency services and disaster agencies on
3a regular basis and shall make field examinations of the
4areas, circumstances, and conditions that particular political
5subdivision emergency operations plans are intended to apply.
6    (e) The Illinois Emergency Management Agency and political
7subdivisions shall be encouraged to form an emergency
8management advisory committee composed of private and public
9personnel representing the emergency management phases of
10mitigation, preparedness, response, and recovery. The Local
11Emergency Planning Committee, as created under the Illinois
12Emergency Planning and Community Right to Know Act, shall
13serve as an advisory committee to the emergency services and
14disaster agency or agencies serving within the boundaries of
15that Local Emergency Planning Committee planning district for:
16        (1) the development of emergency operations plan
17    provisions for hazardous chemical emergencies; and
18        (2) the assessment of emergency response capabilities
19    related to hazardous chemical emergencies.
20    (f) The Illinois Emergency Management Agency shall:
21        (1) Coordinate the overall emergency management
22    program of the State.
23        (2) Cooperate with local governments, the federal
24    government, and any public or private agency or entity in
25    achieving any purpose of this Act and in implementing
26    emergency management programs for mitigation,

 

 

10300SB1289ham003- 23 -LRB103 05989 LNS 74086 a

1    preparedness, response, and recovery.
2        (2.5) Develop a comprehensive emergency preparedness
3    and response plan for any nuclear accident in accordance
4    with Section 65 of the Nuclear Safety Law of 2004 and in
5    development of the Illinois Nuclear Safety Preparedness
6    program in accordance with Section 8 of the Illinois
7    Nuclear Safety Preparedness Act.
8        (2.6) Coordinate with the Department of Public Health
9    with respect to planning for and responding to public
10    health emergencies.
11        (3) Prepare, for issuance by the Governor, executive
12    orders, proclamations, and regulations as necessary or
13    appropriate in coping with disasters.
14        (4) Promulgate rules and requirements for political
15    subdivision emergency operations plans that are not
16    inconsistent with and are at least as stringent as
17    applicable federal laws and regulations.
18        (5) Review and approve, in accordance with Illinois
19    Emergency Management Agency rules, emergency operations
20    plans for those political subdivisions required to have an
21    emergency services and disaster agency pursuant to this
22    Act.
23        (5.5) Promulgate rules and requirements for the
24    political subdivision emergency management exercises,
25    including, but not limited to, exercises of the emergency
26    operations plans.

 

 

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1        (5.10) Review, evaluate, and approve, in accordance
2    with Illinois Emergency Management Agency rules, political
3    subdivision emergency management exercises for those
4    political subdivisions required to have an emergency
5    services and disaster agency pursuant to this Act.
6        (6) Determine requirements of the State and its
7    political subdivisions for food, clothing, and other
8    necessities in event of a disaster.
9        (7) Establish a register of persons with types of
10    emergency management training and skills in mitigation,
11    preparedness, response, and recovery.
12        (8) Establish a register of government and private
13    response resources available for use in a disaster.
14        (9) Expand the Earthquake Awareness Program and its
15    efforts to distribute earthquake preparedness materials to
16    schools, political subdivisions, community groups, civic
17    organizations, and the media. Emphasis will be placed on
18    those areas of the State most at risk from an earthquake.
19    Maintain the list of all school districts, hospitals,
20    airports, power plants, including nuclear power plants,
21    lakes, dams, emergency response facilities of all types,
22    and all other major public or private structures which are
23    at the greatest risk of damage from earthquakes under
24    circumstances where the damage would cause subsequent harm
25    to the surrounding communities and residents.
26        (10) Disseminate all information, completely and

 

 

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1    without delay, on water levels for rivers and streams and
2    any other data pertaining to potential flooding supplied
3    by the Division of Water Resources within the Department
4    of Natural Resources to all political subdivisions to the
5    maximum extent possible.
6        (11) Develop agreements, if feasible, with medical
7    supply and equipment firms to supply resources as are
8    necessary to respond to an earthquake or any other
9    disaster as defined in this Act. These resources will be
10    made available upon notifying the vendor of the disaster.
11    Payment for the resources will be in accordance with
12    Section 7 of this Act. The Illinois Department of Public
13    Health shall determine which resources will be required
14    and requested.
15        (11.5) In coordination with the Illinois State Police,
16    develop and implement a community outreach program to
17    promote awareness among the State's parents and children
18    of child abduction prevention and response.
19        (12) Out of funds appropriated for these purposes,
20    award capital and non-capital grants to Illinois hospitals
21    or health care facilities located outside of a city with a
22    population in excess of 1,000,000 to be used for purposes
23    that include, but are not limited to, preparing to respond
24    to mass casualties and disasters, maintaining and
25    improving patient safety and quality of care, and
26    protecting the confidentiality of patient information. No

 

 

10300SB1289ham003- 26 -LRB103 05989 LNS 74086 a

1    single grant for a capital expenditure shall exceed
2    $300,000. No single grant for a non-capital expenditure
3    shall exceed $100,000. In awarding such grants, preference
4    shall be given to hospitals that serve a significant
5    number of Medicaid recipients, but do not qualify for
6    disproportionate share hospital adjustment payments under
7    the Illinois Public Aid Code. To receive such a grant, a
8    hospital or health care facility must provide funding of
9    at least 50% of the cost of the project for which the grant
10    is being requested. In awarding such grants the Illinois
11    Emergency Management Agency shall consider the
12    recommendations of the Illinois Hospital Association.
13        (13) Do all other things necessary, incidental or
14    appropriate for the implementation of this Act.
15    (g) The Illinois Emergency Management Agency is authorized
16to make grants to various higher education institutions,
17public K-12 school districts, area vocational centers as
18designated by the State Board of Education, inter-district
19special education cooperatives, regional safe schools, and
20nonpublic K-12 schools for safety and security improvements.
21For the purpose of this subsection (g), "higher education
22institution" means a public university, a public community
23college, or an independent, not-for-profit or for-profit
24higher education institution located in this State. Grants
25made under this subsection (g) shall be paid out of moneys
26appropriated for that purpose from the Build Illinois Bond

 

 

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1Fund. The Illinois Emergency Management Agency shall adopt
2rules to implement this subsection (g). These rules may
3specify: (i) the manner of applying for grants; (ii) project
4eligibility requirements; (iii) restrictions on the use of
5grant moneys; (iv) the manner in which the various higher
6education institutions must account for the use of grant
7moneys; and (v) any other provision that the Illinois
8Emergency Management Agency determines to be necessary or
9useful for the administration of this subsection (g).
10    (g-5) The Illinois Emergency Management Agency is
11authorized to make grants to not-for-profit organizations
12which are exempt from federal income taxation under section
13501(c)(3) of the Federal Internal Revenue Code for eligible
14security improvements that assist the organization in
15preventing, preparing for, or responding to threats, attacks,
16or acts of terrorism. To be eligible for a grant under the
17program, the Agency must determine that the organization is at
18a high risk of being subject to threats, attacks, or acts of
19terrorism based on the organization's profile, ideology,
20mission, or beliefs. Eligible security improvements shall
21include all eligible preparedness activities under the federal
22Nonprofit Security Grant Program, including, but not limited
23to, physical security upgrades, security training exercises,
24preparedness training exercises, contracting with security
25personnel, and any other security upgrades deemed eligible by
26the Director. Eligible security improvements shall not

 

 

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1duplicate, in part or in whole, a project included under any
2awarded federal grant or in a pending federal application. The
3Director shall establish procedures and forms by which
4applicants may apply for a grant and procedures for
5distributing grants to recipients. Any security improvements
6awarded shall remain at the physical property listed in the
7grant application, unless authorized by Agency rule or
8approved by the Agency in writing. The procedures shall
9require each applicant to do the following:
10        (1) identify and substantiate prior or current
11    threats, attacks, or acts of terrorism against the
12    not-for-profit organization;
13        (2) indicate the symbolic or strategic value of one or
14    more sites that renders the site a possible target of a
15    threat, attack, or act of terrorism;
16        (3) discuss potential consequences to the organization
17    if the site is damaged, destroyed, or disrupted by a
18    threat, attack, or act of terrorism;
19        (4) describe how the grant will be used to integrate
20    organizational preparedness with broader State and local
21    preparedness efforts, as described by the Agency in each
22    Notice of Opportunity for Funding;
23        (5) submit (i) a vulnerability assessment conducted by
24    experienced security, law enforcement, or military
25    personnel, or conducted using an Agency-approved or
26    federal Nonprofit Security Grant Program self-assessment

 

 

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1    tool, and (ii) a description of how the grant award will be
2    used to address the vulnerabilities identified in the
3    assessment; and
4        (6) submit any other relevant information as may be
5    required by the Director.
6    The Agency is authorized to use funds appropriated for the
7grant program described in this subsection (g-5) to administer
8the program. Any Agency Notice of Opportunity for Funding,
9proposed or final rulemaking, guidance, training opportunity,
10or other resource related to the grant program must be
11published on the Agency's publicly available website, and any
12announcements related to funding shall be shared with all
13State legislative offices, the Governor's office, emergency
14services and disaster agencies mandated or required pursuant
15to subsections (b) through (d) of Section 10, and any other
16State agencies as determined by the Agency. Subject to
17appropriation, the grant application period shall be open for
18no less than 45 calendar days during the first application
19cycle each fiscal year, unless the Agency determines that a
20shorter period is necessary to avoid conflicts with the annual
21federal Nonprofit Security Grant Program funding cycle.
22Additional application cycles may be conducted during the same
23fiscal year, subject to availability of funds. Upon request,
24Agency staff shall provide reasonable assistance to any
25applicant in completing a grant application or meeting a
26post-award requirement.

 

 

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1    (h) Except as provided in Section 17.5 of this Act, any
2moneys received by the Agency from donations or sponsorships
3unrelated to a disaster shall be deposited in the Emergency
4Planning and Training Fund and used by the Agency, subject to
5appropriation, to effectuate planning and training activities.
6Any moneys received by the Agency from donations during a
7disaster and intended for disaster response or recovery shall
8be deposited into the Disaster Response and Recovery Fund and
9used for disaster response and recovery pursuant to the
10Disaster Relief Act.
11    (i) The Illinois Emergency Management Agency may by rule
12assess and collect reasonable fees for attendance at
13Agency-sponsored conferences to enable the Agency to carry out
14the requirements of this Act. Any moneys received under this
15subsection shall be deposited in the Emergency Planning and
16Training Fund and used by the Agency, subject to
17appropriation, for planning and training activities.
18    (j) The Illinois Emergency Management Agency is authorized
19to make grants to other State agencies, public universities,
20units of local government, and statewide mutual aid
21organizations to enhance statewide emergency preparedness and
22response.
23    (k) Subject to appropriation from the Emergency Planning
24and Training Fund, the Illinois Emergency Management Agency
25and Office of Homeland Security shall obtain training services
26and support for local emergency services and support for local

 

 

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1emergency services and disaster agencies for training,
2exercises, and equipment related to carbon dioxide pipelines
3and sequestration, and, subject to the availability of
4funding, shall provide $5,000 per year to the Illinois Fire
5Institute for first responder training required under Section
64-615 of the Public Utilities Act. Amounts in the Emergency
7Planning and Training Fund will be used by the Illinois
8Emergency Management Agency and Office of Homeland Security
9for administrative costs incurred in carrying out the
10requirements of this subsection. To carry out the purposes of
11this subsection, the Illinois Emergency Management Agency and
12Office of Homeland Security may accept moneys from all
13authorized sources into the Emergency Planning and Training
14Fund, including, but not limited to, transfers from the Carbon
15Dioxide Sequestration Administrative Fund and the Public
16Utility Fund.
17(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
18102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
191-1-24.)
 
20    Section 40. The State Finance Act is amended by adding
21Sections 5.1015, 5.1016, 5.1017, and 5.1018 as follows:
 
22    (30 ILCS 105/5.1015 new)
23    Sec. 5.1015. The Carbon Dioxide Sequestration
24Administrative Fund.
 

 

 

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1    (30 ILCS 105/5.1016 new)
2    Sec. 5.1016. The Environmental Justice Grant Fund.
 
3    (30 ILCS 105/5.1017 new)
4    Sec. 5.1017. The Water Resources Fund.
 
5    (30 ILCS 105/5.1018 new)
6    Sec. 5.1018. The Carbon Dioxide Sequestration Long-Term
7Trust Fund
 
8    Section 45. The Public Utilities Act is amended by
9changing Section 8-509 and by adding Sections 3-127, 4-615,
10and 15-103 as follows:
 
11    (220 ILCS 5/3-127 new)
12    Sec. 3-127. Carbon dioxide pipeline. "Carbon dioxide
13pipeline" has the same meaning given to that term in Section 10
14of the Carbon Dioxide Transportation and Sequestration Act.
 
15    (220 ILCS 5/4-615 new)
16    Sec. 4-615. Training for carbon dioxide emergencies.
17    (a) Prior to any pipeline for the transportation of carbon
18dioxide becoming operational, the Illinois Fire Service
19Institute, in coordination with the Office of the State Fire
20Marshal, an EMS System, the Department of Public Health, and

 

 

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1the Illinois Emergency Management Agency and Office of
2Homeland Security, shall develop and offer at least one course
3for first responders who respond when carbon dioxide is
4released from a pipeline or a sequestration facility. At a
5minimum, the course shall cover:
6        (1) how to identify a carbon dioxide release;
7        (2) communications procedures to quickly share
8    information about a carbon dioxide release, including
9    alarms, sirens, text message alerts, and other means of
10    alerting the public;
11        (3) procedures for locating residents and others in
12    the affected area and, when necessary, transporting
13    residents and others in the affected area out of the area
14    to health care facilities; and
15        (4) signs and symptoms of exposure to a carbon dioxide
16    release.
17    (b) Each year thereafter, the Illinois Fire Service
18Institute, in coordination with the Office of the State Fire
19Marshal, an EMS System and the Department of Public Health,
20shall offer a training session at the Illinois Fire Service
21Institute's Regions for Training Delivery on emergency
22response procedures during carbon dioxide releases. These
23trainings shall be available to first responders in the State
24with priority participation given to counties in which carbon
25dioxide is proposed to be or is transported or sequestered.
26    (c) Prior to a carbon dioxide pipeline becoming

 

 

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1operational, the owner or operator of the pipeline shall
2develop, in coordination with the Illinois Emergency
3Management Agency and Office of Homeland Security and
4Department of Public Health, emergency preparedness materials
5for residents and local businesses in the counties within 2
6miles of where the owner or operator is transporting or
7sequestering carbon dioxide. At a minimum, these materials
8shall include:
9        (1) what to do in the event of a carbon dioxide
10    release;
11        (2) symptoms of exposure to a carbon dioxide release;
12    and
13        (3) recommendations for items residents and local
14    businesses may want to acquire, including, but not limited
15    to, carbon dioxide monitors and air supply respirators.
16    The Illinois Emergency Management Agency and Office of
17Homeland Security and the Department of Public Health shall
18publish this information on their websites and provide these
19materials to local emergency management agencies and local
20public health departments in relevant counties.
21    (d) For each carbon dioxide pipeline, the owner or
22operator of the pipeline shall use modeling that can handle
23non-flat terrain, obstacles, such as negations and buildings,
24time or spatial variations in wind, including direction and
25speed, and ambient weather conditions, such as temperature and
26humidity, variations to the direction of release of CO2,

 

 

10300SB1289ham003- 35 -LRB103 05989 LNS 74086 a

1concentrations and durations of CO2, in addition to the
2specifics related to the pipeline design, including, but not
3limited to, diameter, thickness, and shutoff valves, to
4develop a risk-based assessment and a chemical safety
5contingency plan. The Illinois Emergency Management Agency and
6Office of Homeland Security shall publish this information on
7its website and provide these materials to local emergency
8management agencies in relevant counties.
9    (e) Each year, the owner or operator of a pipeline, in
10coordination with Department of Public Health and local
11emergency response personnel, shall offer at least 2 public
12training sessions for residents and local businesses in every
13county in which carbon dioxide is transported or sequestered.
14These trainings shall be offered in person and virtually. Each
15training shall be recorded and provided to Illinois Emergency
16Management Agency and Office of Homeland Security and the
17Department of Public Health to maintain a copy on their
18websites, as appropriate, with the emergency preparedness
19materials identified in subsection (c).
20    (f) Each year, the owner or operator of the pipeline shall
21develop, in coordination with the Department of Public Health,
22and offer a training session for medical personnel in each
23county along the pipeline route, including staff in hospitals
24and emergency rooms, health clinics, and other health care
25facilities. These trainings shall be offered in person and
26virtually and be approved by the Department of Public Health.

 

 

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1Each training shall be recorded and provided to the Department
2of Public Health to maintain a copy on its website, as
3appropriate, and distribute to staff in hospitals and
4emergency rooms, health clinics, and other health care
5facilities.
6    (g) At least every 5 years, the Illinois Fire Service
7Institute shall review and, if appropriate, revise or add
8trainings developed under this Section to incorporate new best
9practices, technologies, developments, or information that
10improves emergency response and treatment for carbon dioxide
11releases.
12    (h) At least every 5 years, the owner or operator, in
13coordination with local emergency response personnel, the
14Illinois Emergency Management Agency and Office of Homeland
15Security, and the Department of Public Health, shall review
16and, if appropriate, update emergency preparedness materials
17and trainings for residents and local businesses identified in
18subsections (c) and (d) to incorporate new best practices,
19technologies, developments, or information that may assist
20local residents and businesses to be prepared if a carbon
21dioxide release occurs.
 
22    (220 ILCS 5/8-509)  (from Ch. 111 2/3, par. 8-509)
23    Sec. 8-509. When necessary for the construction of any
24alterations, additions, extensions or improvements ordered or
25authorized under Section 8-406.1 or 8-503 of this Act, any

 

 

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1public utility may enter upon, take or damage private property
2in the manner provided for by the law of eminent domain. If a
3public utility seeks relief under this Section in the same
4proceeding in which it seeks a certificate of public
5convenience and necessity under Section 8-406.1 of this Act,
6the Commission shall enter its order under this Section either
7as part of the Section 8-406.1 order or at the same time it
8enters the Section 8-406.1 order. If a public utility seeks
9relief under this Section after the Commission enters its
10order in the Section 8-406.1 proceeding, the Commission shall
11issue its order under this Section within 45 days after the
12utility files its petition under this Section.
13    This Section applies to the exercise of eminent domain
14powers by telephone companies or telecommunications carriers
15only when the facilities to be constructed are intended to be
16used in whole or in part for providing one or more intrastate
17telecommunications services classified as "noncompetitive"
18under Section 13-502 in a tariff filed by the condemnor. The
19exercise of eminent domain powers by telephone companies or
20telecommunications carriers in all other cases shall be
21governed solely by "An Act relating to the powers, duties and
22property of telephone companies", approved May 16, 1903, as
23now or hereafter amended.
24    This Section applies to the exercise of eminent domain
25powers by an owner or operator of a pipeline designed,
26constructed, and operated to transport and to sequester carbon

 

 

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1dioxide to which the Commission has granted a certificate
2under Section 20 of the Carbon Dioxide Transportation and
3Sequestration Act and may seek eminent domain authority from
4the Commission under this Section. If the applicant of such a
5certificate of authority for a new carbon dioxide pipeline
6seeks relief under this Section in the same proceeding in
7which it seeks a certificate of authority for a new carbon
8dioxide pipeline under Section 20 of the Carbon Dioxide
9Transportation and Sequestration Act, the Commission shall
10enter its order under this Section either as part of or at the
11same time as its order under the Carbon Dioxide Transportation
12and Sequestration Act. Notwithstanding anything to the
13contrary in this Section, the owner or operator of such a
14pipeline shall not be considered to be a public utility for any
15other provisions of this Act.
16(Source: P.A. 100-840, eff. 8-13-18.)
 
17    (220 ILCS 5/15-103 new)
18    Sec. 15-103. Application of carbon dioxide pipelines. This
19Article does not apply to a new carbon dioxide pipeline as
20defined in Section 10 of the Carbon Dioxide Transportation and
21Sequestration Act.
 
22    Section 50. The Carbon Dioxide Transportation and
23Sequestration Act is amended by changing Sections 5, 10, 15,
24and 20 and by adding Sections 35 and 40 as follows:
 

 

 

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1    (220 ILCS 75/5)
2    Sec. 5. Legislative purpose. Pipeline transportation of
3carbon dioxide for sequestration, enhanced oil recovery, and
4other carbon management purposes other than enhanced oil
5recovery is declared to be a public use and service, in the
6public interest, and a benefit to the welfare of Illinois and
7the people of Illinois because pipeline transportation is
8necessary for sequestration, enhanced oil recovery, or other
9carbon management purposes other than enhanced oil recovery
10and thus is an essential component to compliance with required
11or voluntary plans to reduce carbon dioxide emissions from
12"clean coal" facilities and other sources. Carbon dioxide
13pipelines are critical to the promotion and use of Illinois
14coal and also advance economic development, environmental
15protection, and energy security in the State.
16(Source: P.A. 97-534, eff. 8-23-11.)
 
17    (220 ILCS 75/10)
18    Sec. 10. Definitions. As used in this Act:
19    "Carbon dioxide pipeline" or "pipeline" means the in-state
20portion of a pipeline, including appurtenant facilities,
21property rights, and easements, that are used exclusively for
22the purpose of transporting carbon dioxide to a point of sale,
23storage, enhanced oil recovery, or other carbon management
24application. "Carbon dioxide pipeline" or "pipeline" does not

 

 

10300SB1289ham003- 40 -LRB103 05989 LNS 74086 a

1include the portion of pipelines sold or used for enhanced oil
2recovery in this State.
3    "Clean coal facility" has the meaning ascribed to that
4term in Section 1-10 of the Illinois Power Agency Act.
5    "Clean coal SNG facility" has the meaning ascribed to that
6term in Section 1-10 of the Illinois Power Agency Act.
7    "Commission" means the Illinois Commerce Commission.
8    "Legacy carbon dioxide pipeline" includes any carbon
9dioxide pipeline constructed and used to transport carbon
10dioxide before July 1, 2024 that is less than one mile in
11length, is located on property entirely owned by the pipeline
12operator, and is used to transport carbon dioxide to an
13injection well.
14    "New carbon dioxide pipeline" means any carbon dioxide
15pipeline constructed after July 1, 2024.
16    "Sequester" has the meaning ascribed to that term in
17Section 1-10 of the Illinois Power Agency Act. "Sequester"
18does not include the permanent storage of carbon dioxide by
19injecting it through an enhanced oil recovery process.
20    "Transportation" means the physical movement of carbon
21dioxide by pipeline conducted for a person's own use or
22account or the use or account of another person or persons.
23(Source: P.A. 97-534, eff. 8-23-11.)
 
24    (220 ILCS 75/15)
25    Sec. 15. Scope. This Act applies to the application

 

 

10300SB1289ham003- 41 -LRB103 05989 LNS 74086 a

1process for the issuance of a certificate of authority by an
2owner or operator of a pipeline designed, constructed, and
3operated to transport and to sequester carbon dioxide produced
4by a clean coal facility, by a clean coal SNG facility, or by
5any other source that will result in the reduction of carbon
6dioxide emissions from that source.
7(Source: P.A. 97-534, eff. 8-23-11.)
 
8    (220 ILCS 75/20)
9    Sec. 20. Application.
10    (a) No person or entity may construct, operate, or repair
11a carbon dioxide pipeline unless the person or entity
12possesses a certificate of authority. Nothing in this Act
13requires a legacy carbon dioxide pipeline to obtain a
14certificate of authority.
15    (b) The Commission, after a hearing, may grant an
16application for a certificate of authority authorizing the
17construction and operation of a carbon dioxide pipeline if it
18makes a specific written finding as to each of the following:
19        (1) the application was properly filed;
20        (2) the applicant is fit, willing, and able to
21    construct and operate the pipeline in compliance with this
22    Act and with Commission regulations and orders of the
23    Commission or any applicable federal agencies;
24        (3) the applicant has entered into one or more
25    agreements an agreement with a clean coal facility, a

 

 

10300SB1289ham003- 42 -LRB103 05989 LNS 74086 a

1    clean coal SNG facility, or any other source or sources
2    that will result in the reduction of carbon dioxide
3    emissions from that source or sources and the applicant
4    has filed such agreement or agreements as part of its
5    application;
6        (4) the applicant has filed with the Pipeline and
7    Hazardous Materials Safety Administration of the U.S.
8    Department of Transportation all forms required by that
9    agency in advance of constructing a carbon dioxide
10    pipeline;
11        (5) the applicant has filed with the U.S. Army Corps
12    of Engineers all applications for permits required by that
13    agency in advance of constructing a carbon dioxide
14    pipeline;
15        (6) the applicant has entered into an agreement with
16    the Illinois Department of Agriculture that governs the
17    mitigation of agricultural impacts associated with the
18    construction of the proposed pipeline;
19        (6.1) the applicant has applied for any and all other
20    federal permits necessary to construct and operate a
21    carbon dioxide pipeline;
22        (6.2) the applicant has held at least 2 prefiling
23    public meetings to receive public comment concerning the
24    proposed carbon dioxide pipeline in each county where the
25    pipeline is to be located, no earlier than 6 months prior
26    to the filing of the application. Notice of the public

 

 

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1    meeting shall be published in a newspaper of general
2    circulation within the affected county once a week for 3
3    consecutive weeks, beginning no earlier than one month
4    prior to the first public meeting. Notice of the public
5    meeting, including a description of the carbon dioxide
6    pipeline, must be provided in writing to the clerk of each
7    county where the project is to be located and to the chief
8    clerk of the Commission. A representative of the
9    Commission shall be invited to each prefiling public
10    meeting. The applicant shall maintain a dedicated public
11    website which provides details regarding the proposed
12    route of the pipeline, plans for construction, status of
13    the application, and the manner in which members of the
14    public may offer their opinions regarding the pipeline;
15        (6.3) the applicant has directly contacted the owner
16    of each parcel of land located within 2 miles of the
17    proposed pipeline route by certified mail, or made good
18    faith efforts if the owner of record cannot be located,
19    advising them of the proposed pipeline route and of the
20    date and time of each public meeting to be held in the
21    county in which each landowner's property is located;
22        (6.4) the applicant has prepared and submitted a
23    detailed emergency operations plan, which addresses at a
24    minimum, emergency operations plan requirements adopted by
25    the Illinois Emergency Management Agency and Office of
26    Homeland Security under paragraph (4) of subsection (f) of

 

 

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1    Section 5 of the Illinois Emergency Management Agency Act.
2    The submitted emergency operations plan shall also provide
3    for post-emergency analysis and controller actions. In
4    addition, the applicant shall demonstrate that it has
5    communicated with the county emergency services and
6    disaster agency (ESDA), or other relevant mandated ESDA,
7    to coordinate its emergency operations plan for the
8    pipeline with the county ESDA's, or other relevant
9    mandated ESDA's, emergency operations plan;
10        (7) the applicant possesses the financial, managerial,
11    legal, and technical qualifications necessary to construct
12    and operate the proposed carbon dioxide pipeline; and
13        (8) the proposed pipeline is consistent with the
14    public interest, public benefit, and legislative purpose
15    as set forth in this Act. In addition to any other evidence
16    the Commission may consider on this specific finding, the
17    Commission shall consider the following:
18            (A) any evidence of the effect of the pipeline
19        upon the economy, infrastructure, and public safety
20        presented by local governmental units that will be
21        affected by the proposed pipeline route;
22            (B) any evidence of the effect of the pipeline
23        upon property values presented by property owners who
24        will be affected by the proposed pipeline or facility,
25        provided that the Commission need not hear evidence as
26        to the actual valuation of property such as that as

 

 

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1        would be presented to and determined by the courts
2        under the Eminent Domain Act;
3            (C) any evidence presented by the Department of
4        Commerce and Economic Opportunity regarding the
5        current and future local, State-wide, or regional
6        economic effect, direct or indirect, of the proposed
7        pipeline or facility including, but not limited to,
8        ability of the State to attract economic growth, meet
9        future energy requirements, and ensure compliance with
10        environmental requirements and goals;
11            (D) any evidence addressing the factors described
12        in items (1) through (8) of this subsection (b) or
13        other relevant factors that is presented by any other
14        State agency, unit of local government, the applicant,
15        a party, or other entity that participates in the
16        proceeding, including evidence presented by the
17        Commission's staff; and
18            (E) any evidence presented by any State or federal
19        governmental entity as to how the proposed pipeline
20        will affect the security, stability, and reliability
21        of public infrastructure energy.
22    In its written order, the Commission shall address all of
23the evidence presented, and if the order is contrary to any of
24the evidence, the Commission shall state the reasons for its
25determination with regard to that evidence.
26    (c) When an applicant files its application for a

 

 

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1certificate of authority with the Commission, it shall provide
2notice to each unit of local government where the proposed
3pipeline will be located and include a map of the proposed
4pipeline route. The applicant shall also publish notice in a
5newspaper of general circulation in each county where the
6proposed pipeline is located.
7    (d) An application for a certificate of authority filed
8pursuant to this Section shall request either that the
9Commission review and approve a specific route for a carbon
10dioxide pipeline, or that the Commission review and approve a
11project route width that identifies the areas in which the
12pipeline would be located, with such width ranging from the
13minimum width required for a pipeline right-of-way up to 200
14feet in width. A map of the route or route width shall be
15included in the application. The purpose for allowing the
16option of review and approval of a project route width is to
17provide increased flexibility during the construction process
18to accommodate specific landowner requests, avoid
19environmentally sensitive areas, or address special
20environmental permitting requirements.
21    (e) The Commission's rules shall ensure that notice of an
22application for a certificate of authority is provided within
2330 days after filing to the landowners along a proposed
24project route, or to the potentially affected landowners
25within a proposed project route width, using the notification
26procedures set forth in the Commission's rules. If the

 

 

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1Commission grants approval of a project route width as opposed
2to a specific project route, then the applicant must, as it
3finalizes the actual pipeline alignment within the project
4route width, file its final list of affected landowners with
5the Commission at least 14 days in advance of beginning
6construction on any tract within the project route width and
7also provide the Commission with at least 14 days' notice
8before filing a complaint for eminent domain in the circuit
9court with regard to any tract within the project route width.
10    (f) If an applicant has obtained all necessary federal
11licenses, permits, and authority necessary to construct and
12operate a carbon dioxide pipeline before it files an
13application pursuant to this Section, then the The Commission
14shall make its determination on any application for a
15certificate of authority filed pursuant to this Section and
16issue its final order within 11 months after the date that the
17application is filed. The Commission's failure to act within
18this time period shall not be deemed an approval or denial of
19the application.
20    (g) A final order of the Commission granting a certificate
21of authority pursuant to this Act shall be conditioned upon
22the applicant obtaining all required permits or approvals from
23the Pipeline and Hazardous Materials Safety Administration of
24the U.S. Department of Transportation, U.S. Army Corps of
25Engineers, and Illinois Department of Agriculture, in addition
26to all other permits and approvals necessary for the

 

 

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1construction and operation of the pipeline prior to the start
2of any construction. The final order must specifically
3prohibit the start of any construction until all such permits
4and approvals have been obtained. The Commission shall not
5issue any certificate of authority under this Act until (i)
6the Pipeline and Hazardous Materials Safety Administration has
7adopted final revisions to its pipeline safety rules intended
8to enhance the safe transportation of carbon dioxide by
9pipelines to accommodate an anticipated increase in the number
10of carbon dioxide pipelines and volume of carbon dioxide
11transported in the proposed rulemaking designated Regulatory
12Information Number 2137-AF60, and (ii) the Commission has
13verified that the submitted application complies with those
14finalized rules. If, after July 1, 2026, the Pipeline and
15Hazardous Materials Safety Administration has not adopted
16final revisions to its pipeline safety rules under the
17proposed rulemaking designated Regulatory Information Number
182137-AF60, the Commission may only approve a certificate of
19authority under this Section if it finds that the applicant
20has met all of the requirements of this Act, has already
21acquired all of its other necessary approvals, and is
22compliant with any requirements or conditions adopted by the
23Commission subsection (g-5).
24    (g-5) In granting a certificate under this Act, the
25Commission shall adopt such requirements or impose such
26conditions upon a certificate as in its opinion are necessary

 

 

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1to preserve public safety, as long as such requirements are
2compatible with the minimum standards prescribed by the
3Pipeline and Hazardous Material Safety Administration.
4    (h) Within 6 months after the Commission's entry of an
5order approving either a specific route or a project route
6width under this Section, the owner or operator of the carbon
7dioxide pipeline that receives that order may file
8supplemental applications for minor route deviations outside
9the approved project route width, allowing for additions or
10changes to the approved route to address environmental
11concerns encountered during construction or to accommodate
12landowner requests. The supplemental application shall
13specifically detail the environmental concerns or landowner
14requests prompting the route changes, including the names of
15any landowners or entities involved. Notice of a supplemental
16application shall be provided to any State agency or unit of
17local government that appeared in the original proceeding and
18to any landowner affected by the proposed route deviation at
19the time that supplemental application is filed. The route
20deviations shall be approved by the Commission no sooner than
2190 days after all interested parties receive notice of the
22supplemental application, unless a written objection is filed
23to the supplemental application within 45 days after such
24notice is received. If a written objection is filed, then the
25Commission shall issue an order either granting or denying the
26route deviation within 90 days after the filing of the

 

 

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1objection. Hearings on any such supplemental application shall
2be limited to the reasonableness of the specific variance
3proposed, and the issues of the public interest and benefit of
4the project or fitness of the applicant shall be considered
5only to the extent that the route deviation has raised new
6concerns with regard to those issues.
7    (i) A certificate of authority to construct and operate a
8carbon dioxide pipeline issued by the Commission shall contain
9and include all of the following:
10        (1) a grant of authority to construct and operate a
11    carbon dioxide pipeline as requested in the application,
12    subject to the laws of this State; and
13        (2) the right to seek eminent domain authority from
14    the Commission under Section 8-509 of the Public Utilities
15    Act. a limited grant of authority to take and acquire an
16    easement in any property or interest in property for the
17    construction, maintenance, or operation of a carbon
18    dioxide pipeline in the manner provided for the exercise
19    of the power of eminent domain under the Eminent Domain
20    Act. The limited grant of authority shall be restricted
21    to, and exercised solely for, the purpose of siting,
22    rights-of-way, and easements appurtenant, including
23    construction and maintenance. The applicant shall not
24    exercise this power until it has used reasonable and good
25    faith efforts to acquire the property or easement thereto.
26    The applicant may thereafter use this power when the

 

 

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1    applicant determines that the easement is necessary to
2    avoid unreasonable delay or economic hardship to the
3    progress of activities carried out pursuant to the
4    certificate of authority.
5    (j) All applications under this Act pending before the
6Commission on the effective date of this amendatory Act of the
7103rd General Assembly shall be dismissed without prejudice.
8(Source: P.A. 97-534, eff. 8-23-11.)
 
9    (220 ILCS 75/35 new)
10    Sec. 35. Land surveys and land use studies. For the
11purpose of making land surveys and land use studies, any
12applicant that has been granted a certificate of authority
13under this Section may, 30 days after providing written notice
14to the landowner thereof by registered mail and after
15providing a second notice to the owner of record, as
16identified in the records of the relevant county tax assessor,
17by telephone or email or by registered mail if the landowner
18has not been notified by other means, at least 3 days, but not
19more than 15 days, prior to the stated date in the notice,
20identifying the date when land surveys and land use studies
21will first begin on the landowner's property and informing the
22landowner that the landowner or the landowner's agent may be
23present when the land surveys or land use studies occur, enter
24upon the property of any landowner who has refused permission
25for entrance upon that property, but subject to responsibility

 

 

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1for all damages which may be inflicted thereby.
 
2    (220 ILCS 75/40 new)
3    Sec. 40. Pipeline operator fees. Any person or entity that
4has been granted a certificate of authority authorizing the
5construction and operation of a carbon dioxide pipeline
6pursuant to this Section or any person or entity operating a
7legacy carbon dioxide pipeline shall be assessed an annual fee
8per pipeline system operated in the State, plus an additional
9fee per mile of carbon dioxide pipeline in length that is
10physically operated or proposed to be operated in the State.
11    The Commission may adopt any rules and procedures
12necessary to enforce and administer the provisions of this
13Act. The Commission may, by administrative rule, modify any
14rules or procedures or adjust any Commission fees necessary to
15regulate and enforce the provisions of this Act. The
16Commission shall adopt such rules in consultation with the
17Illinois Emergency Management Agency and Office of Homeland
18Security in order to establish the total amount necessary to
19cover the Commission's and Illinois Emergency Management
20Agency and Office of Homeland Security's administrative costs
21plus the amount necessary to fund the needs of emergency
22responders as determined by the Illinois Emergency Management
23Agency and Office of Homeland Security. The Commission rules
24shall include, but shall not be limited to, the following
25provisions:

 

 

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1        (1) a provision requiring a portion of the fee to be
2    allocated to the Commission for purposes of assessing the
3    permit application and regulating the operating pipeline;
4        (2) a provision requiring the balance of the fee to be
5    allocated and transferred to the Illinois Emergency
6    Management Agency and Office of Homeland Security for
7    compiling and maintaining emergency response plans and
8    coordinating and funding training, exercises, and
9    equipment of first responders along the pipeline route
10    through agreements and grants to county emergency services
11    and disaster agencies;
12        (3) a provision requiring the fee to be payable to the
13    Commission and due 30 days after the certificate of
14    authority is granted by the Commission, and at the
15    conclusion of each State fiscal year. The Commission shall
16    transfer to the Illinois Emergency Management Agency and
17    Office of Homeland Security's Emergency Planning and
18    Training Fund its allocable share within 30 days following
19    the end of each fiscal year to be utilized as indicated in
20    paragraph (2);
21        (4) a provision requiring the fee to be assessed with
22    a flat fee per pipeline system, plus an additional fee
23    assessed per each mile of a pipeline, based on the actual
24    length of carbon dioxide pipeline that has been used to
25    transport carbon dioxide in the State in the State fiscal
26    year during which the fee is imposed;

 

 

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1        (5) a provision requiring the fee structure to be
2    designed to collect the funds necessary for emergency
3    responders in a manner that facilitates the safe and
4    reliable development of new carbon dioxide pipelines
5    within the State; and
6        (6) a provision requiring the fee to be adjusted with
7    inflation.
 
8    Section 55. The Environmental Protection Act is amended by
9changing Section 21 and by adding Title XVIII as follows:
 
10    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
11    Sec. 21. Prohibited acts. No person shall:
12    (a) Cause or allow the open dumping of any waste.
13    (b) Abandon, dump, or deposit any waste upon the public
14highways or other public property, except in a sanitary
15landfill approved by the Agency pursuant to regulations
16adopted by the Board.
17    (c) Abandon any vehicle in violation of the "Abandoned
18Vehicles Amendment to the Illinois Vehicle Code", as enacted
19by the 76th General Assembly.
20    (d) Conduct any waste-storage, waste-treatment, or
21waste-disposal operation:
22        (1) without a permit granted by the Agency or in
23    violation of any conditions imposed by such permit,
24    including periodic reports and full access to adequate

 

 

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1    records and the inspection of facilities, as may be
2    necessary to assure compliance with this Act and with
3    regulations and standards adopted thereunder; provided,
4    however, that, except for municipal solid waste landfill
5    units that receive waste on or after October 9, 1993, and
6    CCR surface impoundments, no permit shall be required for
7    (i) any person conducting a waste-storage,
8    waste-treatment, or waste-disposal operation for wastes
9    generated by such person's own activities which are
10    stored, treated, or disposed within the site where such
11    wastes are generated, (ii) until one year after the
12    effective date of rules adopted by the Board under
13    subsection (n) of Section 22.38, a facility located in a
14    county with a population over 700,000 as of January 1,
15    2000, operated and located in accordance with Section
16    22.38 of this Act, and used exclusively for the transfer,
17    storage, or treatment of general construction or
18    demolition debris, provided that the facility was
19    receiving construction or demolition debris on August 24,
20    2009 (the effective date of Public Act 96-611), or (iii)
21    any person conducting a waste transfer, storage,
22    treatment, or disposal operation, including, but not
23    limited to, a waste transfer or waste composting
24    operation, under a mass animal mortality event plan
25    created by the Department of Agriculture;
26        (2) in violation of any regulations or standards

 

 

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1    adopted by the Board under this Act;
2        (3) which receives waste after August 31, 1988, does
3    not have a permit issued by the Agency, and is (i) a
4    landfill used exclusively for the disposal of waste
5    generated at the site, (ii) a surface impoundment
6    receiving special waste not listed in an NPDES permit,
7    (iii) a waste pile in which the total volume of waste is
8    greater than 100 cubic yards or the waste is stored for
9    over one year, or (iv) a land treatment facility receiving
10    special waste generated at the site; without giving notice
11    of the operation to the Agency by January 1, 1989, or 30
12    days after the date on which the operation commences,
13    whichever is later, and every 3 years thereafter. The form
14    for such notification shall be specified by the Agency,
15    and shall be limited to information regarding: the name
16    and address of the location of the operation; the type of
17    operation; the types and amounts of waste stored, treated
18    or disposed of on an annual basis; the remaining capacity
19    of the operation; and the remaining expected life of the
20    operation.
21    Item (3) of this subsection (d) shall not apply to any
22person engaged in agricultural activity who is disposing of a
23substance that constitutes solid waste, if the substance was
24acquired for use by that person on his own property, and the
25substance is disposed of on his own property in accordance
26with regulations or standards adopted by the Board.

 

 

10300SB1289ham003- 57 -LRB103 05989 LNS 74086 a

1    This subsection (d) shall not apply to hazardous waste.
2    (e) Dispose, treat, store or abandon any waste, or
3transport any waste into this State for disposal, treatment,
4storage or abandonment, except at a site or facility which
5meets the requirements of this Act and of regulations and
6standards thereunder.
7    (f) Conduct any hazardous waste-storage, hazardous
8waste-treatment or hazardous waste-disposal operation:
9        (1) without a RCRA permit for the site issued by the
10    Agency under subsection (d) of Section 39 of this Act, or
11    in violation of any condition imposed by such permit,
12    including periodic reports and full access to adequate
13    records and the inspection of facilities, as may be
14    necessary to assure compliance with this Act and with
15    regulations and standards adopted thereunder; or
16        (2) in violation of any regulations or standards
17    adopted by the Board under this Act; or
18        (3) in violation of any RCRA permit filing requirement
19    established under standards adopted by the Board under
20    this Act; or
21        (4) in violation of any order adopted by the Board
22    under this Act.
23    Notwithstanding the above, no RCRA permit shall be
24required under this subsection or subsection (d) of Section 39
25of this Act for any person engaged in agricultural activity
26who is disposing of a substance which has been identified as a

 

 

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1hazardous waste, and which has been designated by Board
2regulations as being subject to this exception, if the
3substance was acquired for use by that person on his own
4property and the substance is disposed of on his own property
5in accordance with regulations or standards adopted by the
6Board.
7    (g) Conduct any hazardous waste-transportation operation:
8        (1) without registering with and obtaining a special
9    waste hauling permit from the Agency in accordance with
10    the regulations adopted by the Board under this Act; or
11        (2) in violation of any regulations or standards
12    adopted by the Board under this Act.
13    (h) Conduct any hazardous waste-recycling or hazardous
14waste-reclamation or hazardous waste-reuse operation in
15violation of any regulations, standards or permit requirements
16adopted by the Board under this Act.
17    (i) Conduct any process or engage in any act which
18produces hazardous waste in violation of any regulations or
19standards adopted by the Board under subsections (a) and (c)
20of Section 22.4 of this Act.
21    (j) Conduct any special waste-transportation operation in
22violation of any regulations, standards or permit requirements
23adopted by the Board under this Act. However, sludge from a
24water or sewage treatment plant owned and operated by a unit of
25local government which (1) is subject to a sludge management
26plan approved by the Agency or a permit granted by the Agency,

 

 

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1and (2) has been tested and determined not to be a hazardous
2waste as required by applicable State and federal laws and
3regulations, may be transported in this State without a
4special waste hauling permit, and the preparation and carrying
5of a manifest shall not be required for such sludge under the
6rules of the Pollution Control Board. The unit of local
7government which operates the treatment plant producing such
8sludge shall file an annual report with the Agency identifying
9the volume of such sludge transported during the reporting
10period, the hauler of the sludge, and the disposal sites to
11which it was transported. This subsection (j) shall not apply
12to hazardous waste.
13    (k) Fail or refuse to pay any fee imposed under this Act.
14    (l) Locate a hazardous waste disposal site above an active
15or inactive shaft or tunneled mine or within 2 miles of an
16active fault in the earth's crust. In counties of population
17less than 225,000 no hazardous waste disposal site shall be
18located (1) within 1 1/2 miles of the corporate limits as
19defined on June 30, 1978, of any municipality without the
20approval of the governing body of the municipality in an
21official action; or (2) within 1000 feet of an existing
22private well or the existing source of a public water supply
23measured from the boundary of the actual active permitted site
24and excluding existing private wells on the property of the
25permit applicant. The provisions of this subsection do not
26apply to publicly owned sewage works or the disposal or

 

 

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1utilization of sludge from publicly owned sewage works.
2    (m) Transfer interest in any land which has been used as a
3hazardous waste disposal site without written notification to
4the Agency of the transfer and to the transferee of the
5conditions imposed by the Agency upon its use under subsection
6(g) of Section 39.
7    (n) Use any land which has been used as a hazardous waste
8disposal site except in compliance with conditions imposed by
9the Agency under subsection (g) of Section 39.
10    (o) Conduct a sanitary landfill operation which is
11required to have a permit under subsection (d) of this
12Section, in a manner which results in any of the following
13conditions:
14        (1) refuse in standing or flowing waters;
15        (2) leachate flows entering waters of the State;
16        (3) leachate flows exiting the landfill confines (as
17    determined by the boundaries established for the landfill
18    by a permit issued by the Agency);
19        (4) open burning of refuse in violation of Section 9
20    of this Act;
21        (5) uncovered refuse remaining from any previous
22    operating day or at the conclusion of any operating day,
23    unless authorized by permit;
24        (6) failure to provide final cover within time limits
25    established by Board regulations;
26        (7) acceptance of wastes without necessary permits;

 

 

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1        (8) scavenging as defined by Board regulations;
2        (9) deposition of refuse in any unpermitted portion of
3    the landfill;
4        (10) acceptance of a special waste without a required
5    manifest;
6        (11) failure to submit reports required by permits or
7    Board regulations;
8        (12) failure to collect and contain litter from the
9    site by the end of each operating day;
10        (13) failure to submit any cost estimate for the site
11    or any performance bond or other security for the site as
12    required by this Act or Board rules.
13    The prohibitions specified in this subsection (o) shall be
14enforceable by the Agency either by administrative citation
15under Section 31.1 of this Act or as otherwise provided by this
16Act. The specific prohibitions in this subsection do not limit
17the power of the Board to establish regulations or standards
18applicable to sanitary landfills.
19    (p) In violation of subdivision (a) of this Section, cause
20or allow the open dumping of any waste in a manner which
21results in any of the following occurrences at the dump site:
22        (1) litter;
23        (2) scavenging;
24        (3) open burning;
25        (4) deposition of waste in standing or flowing waters;
26        (5) proliferation of disease vectors;

 

 

10300SB1289ham003- 62 -LRB103 05989 LNS 74086 a

1        (6) standing or flowing liquid discharge from the dump
2    site;
3        (7) deposition of:
4            (i) general construction or demolition debris as
5        defined in Section 3.160(a) of this Act; or
6            (ii) clean construction or demolition debris as
7        defined in Section 3.160(b) of this Act.
8    The prohibitions specified in this subsection (p) shall be
9enforceable by the Agency either by administrative citation
10under Section 31.1 of this Act or as otherwise provided by this
11Act. The specific prohibitions in this subsection do not limit
12the power of the Board to establish regulations or standards
13applicable to open dumping.
14    (q) Conduct a landscape waste composting operation without
15an Agency permit, provided, however, that no permit shall be
16required for any person:
17        (1) conducting a landscape waste composting operation
18    for landscape wastes generated by such person's own
19    activities which are stored, treated, or disposed of
20    within the site where such wastes are generated; or
21        (1.5) conducting a landscape waste composting
22    operation that (i) has no more than 25 cubic yards of
23    landscape waste, composting additives, composting
24    material, or end-product compost on-site at any one time
25    and (ii) is not engaging in commercial activity; or
26        (2) applying landscape waste or composted landscape

 

 

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1    waste at agronomic rates; or
2        (2.5) operating a landscape waste composting facility
3    at a site having 10 or more occupied non-farm residences
4    within 1/2 mile of its boundaries, if the facility meets
5    all of the following criteria:
6            (A) the composting facility is operated by the
7        farmer on property on which the composting material is
8        utilized, and the composting facility constitutes no
9        more than 2% of the site's total acreage;
10            (A-5) any composting additives that the composting
11        facility accepts and uses at the facility are
12        necessary to provide proper conditions for composting
13        and do not exceed 10% of the total composting material
14        at the facility at any one time;
15            (B) the property on which the composting facility
16        is located, and any associated property on which the
17        compost is used, is principally and diligently devoted
18        to the production of agricultural crops and is not
19        owned, leased, or otherwise controlled by any waste
20        hauler or generator of nonagricultural compost
21        materials, and the operator of the composting facility
22        is not an employee, partner, shareholder, or in any
23        way connected with or controlled by any such waste
24        hauler or generator;
25            (C) all compost generated by the composting
26        facility, except incidental sales of finished compost,

 

 

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1        is applied at agronomic rates and used as mulch,
2        fertilizer, or soil conditioner on land actually
3        farmed by the person operating the composting
4        facility, and the finished compost is not stored at
5        the composting site for a period longer than 18 months
6        prior to its application as mulch, fertilizer, or soil
7        conditioner;
8            (D) no fee is charged for the acceptance of
9        materials to be composted at the facility; and
10            (E) the owner or operator, by January 1, 2014 (or
11        the January 1 following commencement of operation,
12        whichever is later) and January 1 of each year
13        thereafter, registers the site with the Agency, (ii)
14        reports to the Agency on the volume of composting
15        material received and used at the site; (iii)
16        certifies to the Agency that the site complies with
17        the requirements set forth in subparagraphs (A),
18        (A-5), (B), (C), and (D) of this paragraph (2.5); and
19        (iv) certifies to the Agency that all composting
20        material was placed more than 200 feet from the
21        nearest potable water supply well, was placed outside
22        the boundary of the 10-year floodplain or on a part of
23        the site that is floodproofed, was placed at least 1/4
24        mile from the nearest residence (other than a
25        residence located on the same property as the
26        facility) or a lesser distance from the nearest

 

 

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1        residence (other than a residence located on the same
2        property as the facility) if the municipality in which
3        the facility is located has by ordinance approved a
4        lesser distance than 1/4 mile, and was placed more
5        than 5 feet above the water table; any ordinance
6        approving a residential setback of less than 1/4 mile
7        that is used to meet the requirements of this
8        subparagraph (E) of paragraph (2.5) of this subsection
9        must specifically reference this paragraph; or
10        (3) operating a landscape waste composting facility on
11    a farm, if the facility meets all of the following
12    criteria:
13            (A) the composting facility is operated by the
14        farmer on property on which the composting material is
15        utilized, and the composting facility constitutes no
16        more than 2% of the property's total acreage, except
17        that the Board may allow a higher percentage for
18        individual sites where the owner or operator has
19        demonstrated to the Board that the site's soil
20        characteristics or crop needs require a higher rate;
21            (A-1) the composting facility accepts from other
22        agricultural operations for composting with landscape
23        waste no materials other than uncontaminated and
24        source-separated (i) crop residue and other
25        agricultural plant residue generated from the
26        production and harvesting of crops and other customary

 

 

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1        farm practices, including, but not limited to, stalks,
2        leaves, seed pods, husks, bagasse, and roots and (ii)
3        plant-derived animal bedding, such as straw or
4        sawdust, that is free of manure and was not made from
5        painted or treated wood;
6            (A-2) any composting additives that the composting
7        facility accepts and uses at the facility are
8        necessary to provide proper conditions for composting
9        and do not exceed 10% of the total composting material
10        at the facility at any one time;
11            (B) the property on which the composting facility
12        is located, and any associated property on which the
13        compost is used, is principally and diligently devoted
14        to the production of agricultural crops and is not
15        owned, leased or otherwise controlled by any waste
16        hauler or generator of nonagricultural compost
17        materials, and the operator of the composting facility
18        is not an employee, partner, shareholder, or in any
19        way connected with or controlled by any such waste
20        hauler or generator;
21            (C) all compost generated by the composting
22        facility, except incidental sales of finished compost,
23        is applied at agronomic rates and used as mulch,
24        fertilizer or soil conditioner on land actually farmed
25        by the person operating the composting facility, and
26        the finished compost is not stored at the composting

 

 

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1        site for a period longer than 18 months prior to its
2        application as mulch, fertilizer, or soil conditioner;
3            (D) the owner or operator, by January 1 of each
4        year, (i) registers the site with the Agency, (ii)
5        reports to the Agency on the volume of composting
6        material received and used at the site and the volume
7        of material comprising the incidental sale of finished
8        compost under this subsection (q), (iii) certifies to
9        the Agency that the site complies with the
10        requirements set forth in subparagraphs (A), (A-1),
11        (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
12        certifies to the Agency that all composting material:
13                (I) was placed more than 200 feet from the
14            nearest potable water supply well;
15                (II) was placed outside the boundary of the
16            10-year floodplain or on a part of the site that is
17            floodproofed;
18                (III) was placed either (aa) at least 1/4 mile
19            from the nearest residence (other than a residence
20            located on the same property as the facility) and
21            there are not more than 10 occupied non-farm
22            residences within 1/2 mile of the boundaries of
23            the site on the date of application or (bb) a
24            lesser distance from the nearest residence (other
25            than a residence located on the same property as
26            the facility) provided that the municipality or

 

 

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1            county in which the facility is located has by
2            ordinance approved a lesser distance than 1/4 mile
3            and there are not more than 10 occupied non-farm
4            residences within 1/2 mile of the boundaries of
5            the site on the date of application; and
6                (IV) was placed more than 5 feet above the
7            water table.
8            Any ordinance approving a residential setback of
9        less than 1/4 mile that is used to meet the
10        requirements of this subparagraph (D) must
11        specifically reference this subparagraph.
12    For the purposes of this subsection (q), "agronomic rates"
13means the application of not more than 20 tons per acre per
14year, except that the Board may allow a higher rate for
15individual sites where the owner or operator has demonstrated
16to the Board that the site's soil characteristics or crop
17needs require a higher rate.
18    For the purposes of this subsection (q), "incidental sale
19of finished compost" means the sale of finished compost that
20meets general use compost standards and is no more than 20% or
21300 cubic yards, whichever is less, of the total compost
22created annually by a private landowner for the landowner's
23own use.
24    (r) Cause or allow the storage or disposal of coal
25combustion waste unless:
26        (1) such waste is stored or disposed of at a site or

 

 

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1    facility for which a permit has been obtained or is not
2    otherwise required under subsection (d) of this Section;
3    or
4        (2) such waste is stored or disposed of as a part of
5    the design and reclamation of a site or facility which is
6    an abandoned mine site in accordance with the Abandoned
7    Mined Lands and Water Reclamation Act; or
8        (3) such waste is stored or disposed of at a site or
9    facility which is operating under NPDES and Subtitle D
10    permits issued by the Agency pursuant to regulations
11    adopted by the Board for mine-related water pollution and
12    permits issued pursuant to the federal Surface Mining
13    Control and Reclamation Act of 1977 (P.L. 95-87) or the
14    rules and regulations thereunder or any law or rule or
15    regulation adopted by the State of Illinois pursuant
16    thereto, and the owner or operator of the facility agrees
17    to accept the waste; and either:
18            (i) such waste is stored or disposed of in
19        accordance with requirements applicable to refuse
20        disposal under regulations adopted by the Board for
21        mine-related water pollution and pursuant to NPDES and
22        Subtitle D permits issued by the Agency under such
23        regulations; or
24            (ii) the owner or operator of the facility
25        demonstrates all of the following to the Agency, and
26        the facility is operated in accordance with the

 

 

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1        demonstration as approved by the Agency: (1) the
2        disposal area will be covered in a manner that will
3        support continuous vegetation, (2) the facility will
4        be adequately protected from wind and water erosion,
5        (3) the pH will be maintained so as to prevent
6        excessive leaching of metal ions, and (4) adequate
7        containment or other measures will be provided to
8        protect surface water and groundwater from
9        contamination at levels prohibited by this Act, the
10        Illinois Groundwater Protection Act, or regulations
11        adopted pursuant thereto.
12    Notwithstanding any other provision of this Title, the
13disposal of coal combustion waste pursuant to item (2) or (3)
14of this subdivision (r) shall be exempt from the other
15provisions of this Title V, and notwithstanding the provisions
16of Title X of this Act, the Agency is authorized to grant
17experimental permits which include provision for the disposal
18of wastes from the combustion of coal and other materials
19pursuant to items (2) and (3) of this subdivision (r).
20    (s) After April 1, 1989, offer for transportation,
21transport, deliver, receive or accept special waste for which
22a manifest is required, unless the manifest indicates that the
23fee required under Section 22.8 of this Act has been paid.
24    (t) Cause or allow a lateral expansion of a municipal
25solid waste landfill unit on or after October 9, 1993, without
26a permit modification, granted by the Agency, that authorizes

 

 

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1the lateral expansion.
2    (u) Conduct any vegetable by-product treatment, storage,
3disposal or transportation operation in violation of any
4regulation, standards or permit requirements adopted by the
5Board under this Act. However, no permit shall be required
6under this Title V for the land application of vegetable
7by-products conducted pursuant to Agency permit issued under
8Title III of this Act to the generator of the vegetable
9by-products. In addition, vegetable by-products may be
10transported in this State without a special waste hauling
11permit, and without the preparation and carrying of a
12manifest.
13    (v) (Blank).
14    (w) Conduct any generation, transportation, or recycling
15of construction or demolition debris, clean or general, or
16uncontaminated soil generated during construction, remodeling,
17repair, and demolition of utilities, structures, and roads
18that is not commingled with any waste, without the maintenance
19of documentation identifying the hauler, generator, place of
20origin of the debris or soil, the weight or volume of the
21debris or soil, and the location, owner, and operator of the
22facility where the debris or soil was transferred, disposed,
23recycled, or treated. This documentation must be maintained by
24the generator, transporter, or recycler for 3 years. This
25subsection (w) shall not apply to (1) a permitted pollution
26control facility that transfers or accepts construction or

 

 

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1demolition debris, clean or general, or uncontaminated soil
2for final disposal, recycling, or treatment, (2) a public
3utility (as that term is defined in the Public Utilities Act)
4or a municipal utility, (3) the Illinois Department of
5Transportation, or (4) a municipality or a county highway
6department, with the exception of any municipality or county
7highway department located within a county having a population
8of over 3,000,000 inhabitants or located in a county that is
9contiguous to a county having a population of over 3,000,000
10inhabitants; but it shall apply to an entity that contracts
11with a public utility, a municipal utility, the Illinois
12Department of Transportation, or a municipality or a county
13highway department. The terms "generation" and "recycling", as
14used in this subsection, do not apply to clean construction or
15demolition debris when (i) used as fill material below grade
16outside of a setback zone if covered by sufficient
17uncontaminated soil to support vegetation within 30 days of
18the completion of filling or if covered by a road or structure,
19(ii) solely broken concrete without protruding metal bars is
20used for erosion control, or (iii) milled asphalt or crushed
21concrete is used as aggregate in construction of the shoulder
22of a roadway. The terms "generation" and "recycling", as used
23in this subsection, do not apply to uncontaminated soil that
24is not commingled with any waste when (i) used as fill material
25below grade or contoured to grade, or (ii) used at the site of
26generation.

 

 

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1    (y) Inject any carbon dioxide stream produced by a carbon
2dioxide capture project into a Class II well, as defined by the
3Board under this Act, or a Class VI well converted from a Class
4II well, for purposes of enhanced oil or gas recovery,
5including, but not limited to, the facilitation of enhanced
6oil or gas recovery from another well.
7    (z) Sell or transport concentrated carbon dioxide stream
8produced by a carbon dioxide capture project for use in
9enhanced oil or gas recovery.
10    (aa) Operate a carbon sequestration activity in a manner
11that causes, threatens, or allows the release of carbon
12dioxide so as to tend to cause water pollution in this State.
13(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
14102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.
151-1-24.)
 
16    (415 ILCS 5/Tit. XVIII heading new)
17
TITLE XVIII: CARBON CAPTURE AND SEQUESTRATION

 
18    (415 ILCS 5/59 new)
19    Sec. 59. Definitions. As used in this Title:
20    "Carbon dioxide capture project" mean a project or
21facility that:
22        (1) uses equipment to capture a significant quantity
23    of carbon dioxide directly from the ambient air or uses a
24    process to separate carbon dioxide from industrial or

 

 

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1    energy-related sources, other than oil or gas production
2    from a well; and
3        (2) produces a concentrated fluid of carbon dioxide.
4    "Carbon dioxide stream" means carbon dioxide, any
5incidental associated substances derived from the source
6materials and process of producing or capturing carbon
7dioxide, and any substance added to the stream to enable or
8improve the injection process or the detection of a leak or
9rupture.
10    "Carbon sequestration activity" means the injection of one
11or more carbon dioxide streams into underground geologic
12formations under at least one Class VI well permit for
13long-term sequestration.
14    "Criteria pollutants" means the 6 pollutants for which the
15United States Environmental Protection Agency has set National
16Ambient Air Quality Standards under Section 109 of the Clean
17Air Act, together with recognized precursors to those
18pollutants.
19    "Project labor agreement" means a prehire collective
20bargaining agreement that covers all terms and conditions of
21employment on a specific construction project and must include
22the following:
23        (1) provisions establishing the minimum hourly wage
24    for each class of labor organization employee;
25        (2) provisions establishing the benefits and other
26    compensation for each class of labor organization

 

 

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1    employee;
2        (3) provisions establishing that no strike or disputes
3    will be engaged in by the labor organization employees;
4        (4) provisions establishing that no lockout or
5    disputes will be engaged in by the general contractor
6    building the project; and
7        (5) provisions for minorities and women, as defined
8    under the Business Enterprise for Minorities, Women, and
9    Persons with Disabilities Act, setting forth goals for
10    apprenticeship hours to be performed by minorities and
11    women and setting forth goals for total hours to be
12    performed by underrepresented minorities and women.
13"Project labor agreement" includes other terms and conditions
14a labor organization or general contractor building the
15project deems necessary.
16    "Sequestration facility" means the carbon dioxide
17sequestration reservoir, underground equipment, including, but
18not limited to, well penetrations, and surface facilities and
19equipment used or proposed to be used in a carbon
20sequestration activity. "Sequestration facility" includes each
21injection well and equipment used to connect surface
22activities to the carbon dioxide sequestration reservoir and
23underground equipment. "Sequestration facility" does not
24include pipelines used to transport carbon dioxide to a
25sequestration facility.
 

 

 

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1    (415 ILCS 5/59.1 new)
2    Sec. 59.1. Carbon capture permit requirements. For air
3construction permit applications for carbon dioxide capture
4projects at existing sources submitted on or after the
5effective date of this amendatory Act of the 103rd General
6Assembly, no permit may be issued unless all of the following
7requirements are met:
8        (1) The permit applicant demonstrates that there will
9    be no net increase in the individual allowable potential
10    annual criteria pollutant emissions at the source. If the
11    Agency determines that it is technically infeasible for an
12    applicant to demonstrate that there will be no net
13    increase in the individual allowable potential annual
14    criteria pollutant emissions at the source, the Agency
15    shall allow an alternative demonstration.
16        (2) The Agency has complied with the public
17    participation requirements under 35 Ill. Adm. Code 252.
18        (3) The permit applicant submits to the Agency in its
19    permit application, a Greenhouse Gas Inventory Analysis,
20    as set forth in guidance from the United States
21    Environmental Protection Agency, that includes all
22    emissions at the stack or emissions source from which
23    carbon dioxide is captured and a demonstration that the
24    total greenhouse gas emissions associated with capture,
25    including, but not limited to, (i) the emissions at the
26    stack or emissions source from which the carbon dioxide is

 

 

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1    captured, (ii) the additional emissions associated with
2    additional electricity generated, whether on-site or
3    off-site, used to power any capture equipment, and (iii)
4    any increased emissions necessary for the operation of the
5    capture facility as compared to before the installation
6    and operation of the capture equipment at the facility, do
7    not exceed the total amount of greenhouse gas emissions
8    captured. This comparison shall be made on an annual
9    basis, projected across the proposed life span of the
10    capture project.
11        (4) The permit applicant provides a water impact
12    assessment report. The report must have been submitted to
13    Department of Natural Resources and to the Soil and Water
14    Conservation District in the county in which the project
15    will be constructed. The report shall identify the
16    following:
17            (A) each water source to be used by the project;
18            (B) the pumping method to be used by the project;
19            (C) the maximum and expected average daily pumping
20        rates for the pumps used by the project;
21            (D) the impacts to each water source used by the
22        project, such as aquifer drawdown or river reductions;
23        and
24            (E) a detailed assessment of the impact on water
25        users near the area of impact.
26        The water impact assessment shall consider the water

 

 

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1    impacts (i) immediately following the project's initial
2    operations, (ii) at the end of the project's expected
3    operational life, and (iii) during a drought or other
4    similar event.
5    The permit applicant shall submit a certification to the
6Agency that the applicant has submitted its initial water use
7impact study and the applicant's ongoing water usage to the
8Department of Natural Resources. This requirement may be
9satisfied by submitting to the Agency copies of documents
10provided to the United States Environmental Protection Agency
11in accordance with 40 CFR 146.82 if the applicant satisfies
12the requirements of this Section.
 
13    (415 ILCS 5/59.2 new)
14    Sec. 59.2. Report on minimum carbon capture standards and
15the deployment of carbon capture and sequestration technology.
16By December 1, 2028, the Agency, in consultation with Illinois
17Emergency Management Agency and Office of Homeland Security,
18the Illinois Commerce Commission, the Commission on
19Environmental Justice, and the Department of Natural
20Resources, shall submit to the Governor and General Assembly,
21a report that reviews the progress on the implementation of
22carbon dioxide capture, transport, and storage projects in
23this State. The Agency may also obtain outside consultants to
24assist with the report. The report shall include, at minimum:
25        (1) a review of federal and other State statutory or

 

 

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1    regulatory actions to establish and implement a minimum
2    carbon capture efficiency rate at the stack or emission
3    point;
4        (2) a review of active and proposed capture projects,
5    including the types of technology and capture rates used
6    by various industry subsectors to capture and store
7    carbon;
8        (3) an assessment of the technical and economic
9    feasibility of carbon capture in various industries and
10    various rates of capture; and
11        (4) an environmental justice analysis which includes,
12    but is not limited to:
13            (A) an assessment of capture, transport, and
14        sequestration projects that present potential impacts
15        on environmental justice communities and economically
16        disadvantaged rural communities;
17            (B) how public participation processes associated
18        with the permitting of carbon capture, transport, and
19        storage projects provide transparency and meaningful
20        participation for environmental justice communities,
21        rural communities, minority populations, low-income
22        populations, tribes, or indigenous peoples; and
23            (C) options for State agencies and decision-makers
24        to improve environmental, public health, and economic
25        protections for environmental justice communities and
26        economically disadvantaged rural communities in

 

 

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1        permitting and regulatory enforcement of permit
2        provisions of carbon capture, transport, and
3        sequestration proposals.
 
4    (415 ILCS 5/59.3 new)
5    Sec. 59.3. Minimum carbon dioxide capture efficiency
6rulemaking authority. The Agency may propose, and the Board
7may adopt, rules to establish a minimum carbon capture
8efficiency rate for carbon capture projects. The Agency may
9propose, and the Board may adopt, a minimum carbon capture
10efficiency rate that is applicable to all carbon capture
11projects or individual efficiencies applicable to distinct
12industries.
 
13    (415 ILCS 5/59.4 new)
14    Sec. 59.4. Report on the status and impact of carbon
15capture and sequestration. Beginning July 1, 2029, and every 5
16years thereafter, the Agency shall submit a report to the
17Governor and General Assembly that includes, for each State
18carbon dioxide capture project:
19        (1) the amount of carbon dioxide captured on an annual
20    basis;
21        (2) the means for transporting the carbon dioxide to a
22    sequestration or utilization facility;
23        (3) the location of the sequestration or utilization
24    facility used;

 

 

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1        (4) the electrical power consumption of the carbon
2    dioxide capture equipment; and
3        (5) the generation source or sources providing
4    electrical power for the carbon dioxide capture equipment
5    and the emissions of CO2 and criteria pollutants of the
6    generation source or sources.
 
7    (415 ILCS 5/59.5 new)
8    Sec. 59.5. Prohibitions.
9    (a) No person shall conduct a carbon sequestration
10activity without a permit issued by the Agency under Section
1159.6. This prohibition does not apply to any carbon
12sequestration activity in existence and permitted by the
13United States Environmental Protection Agency on or before the
14effective date of this amendatory Act of the 103rd General
15Assembly or to any Class VI well for which (1) a Class VI well
16permit has been filed with the United States Environmental
17Protection Agency and a completeness determination had been
18received prior to January 1, 2023, and (2) the sequestration
19activity will occur on a contiguous property with common
20ownership where the carbon dioxide is generated, captured, and
21injected.
22    (b) No person shall conduct a carbon sequestration
23activity in violation of this Act.
24    (c) No person shall conduct a carbon sequestration
25activity in violation of any applicable rules adopted by the

 

 

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1Pollution Control Board.
2    (d) No person shall conduct a carbon sequestration
3activity in violation of a permit issued by the Agency under
4this Act.
5    (e) No person shall fail to submit reports required by
6this Act or required by a permit issued by the Agency under
7this Act.
8    (f) No person shall conduct a carbon sequestration
9activity without obtaining an order for integration of pore
10space from the Department of Natural Resources, if applicable.
 
11    (415 ILCS 5/59.6 new)
12    Sec. 59.6. Sequestration permit; application contents. An
13application to obtain a carbon sequestration permit under this
14Act shall contain, at a minimum, the following:
15        (1) A map and accompanying description that clearly
16    identifies the location of all carbon sequestration
17    activities for which a permit is sought.
18        (2) A map and accompanying description that clearly
19    identifies the properties overlaying the carbon
20    sequestration activity.
21        (3) Copies of any permit and related application
22    materials submitted to or issued by the United States
23    Environmental Protection Agency in accordance with 40 CFR
24    146.82.
25        (4) A report describing air and soil gas baseline

 

 

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1    conditions at properties potentially impacted by a release
2    from the carbon sequestration activity to determine
3    background levels of constituents of concern present
4    before the commencement of the carbon sequestration
5    activity for which a permit is sought. The report must:
6            (A) contain sampling data generated within 180
7        calendar days prior to the submission of the permit
8        application;
9            (B) identify the constituents of concern for which
10        monitoring was conducted and the method for selecting
11        those constituents of concern;
12            (C) use and describe the sampling methodology
13        employed to collect and test air and soil samples in a
14        manner consistent with standards established by a
15        national laboratory accreditation body;
16            (D) identify the accredited laboratory used to
17        conduct necessary testing; and
18            (E) include the sampling results for the
19        identified constituents of concern.
20        (5) The permit application must include an air
21    monitoring plan containing, at a minimum, the following
22    elements:
23            (A) sufficient surface and near-surface monitoring
24        points based on potential risks of atmospheric carbon
25        dioxide and any other identified constituents of
26        concern attributable to the carbon sequestration

 

 

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1        activity to identify the nature and extent any release
2        of carbon dioxide or other constituents of concern,
3        the source of the release, and the estimated volume of
4        the release;
5            (B) a monitoring frequency designed to evaluate
6        the nature and extent of any release of carbon dioxide
7        or other constituents of concern, the source of the
8        release, and the estimated volume of the release;
9            (C) a description of the monitoring network
10        components and methods, including sampling and
11        equipment quality assurance methods, that comply with
12        applicable testing and laboratory standards,
13        established by a national laboratory accreditation
14        body;
15            (D) confirmation monitoring protocols to address
16        any monitoring results that reflect a statistically
17        significant increase over background levels; and
18            (E) development and submission of quarterly air
19        monitoring reports to the Agency.
20        This requirement may be satisfied by the submission of
21    copies of documents provided to the United States
22    Environmental Protection Agency in accordance with 40 CFR
23    146.82 if the applicant satisfies the requirements of this
24    Section.
25        (6) The permit application must include a soil gas
26    monitoring plan containing, at a minimum, the following

 

 

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1    elements:
2            (A) sufficient soil sampling points and sampling
3        depths to identify the nature and extent of any
4        release of carbon dioxide or other constituents of
5        concern, the source of the release, and the estimated
6        volume of the release;
7            (B) a monitoring frequency designed to identify
8        the nature and extent of any release of carbon dioxide
9        or other constituents of concern, the source of the
10        release, and the estimated volume of the release;
11            (C) a description of the monitoring network
12        components and methods, including sampling and
13        equipment quality assurance methods, that comply with
14        applicable testing and laboratory standards,
15        established by a national laboratory accreditation
16        body;
17            (D) confirmation monitoring protocols to address
18        any monitoring results that reflect a statistically
19        significant increase over background levels; and
20            (E) development and submission of quarterly soil
21        gas monitoring reports to the Agency.
22        This requirement may be satisfied by the submission of
23    copies of documents provided to the United States
24    Environmental Protection Agency in accordance with 40 CFR
25    146.82 if the applicant satisfies the requirements of this
26    Section.

 

 

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1        (7) The permit application must include an emergency
2    response plan designed to respond to and minimize the
3    immediate threat to human health and the environment from
4    a release from the carbon sequestration activity. The plan
5    must have been submitted to the Illinois Emergency
6    Management Agency and Office of Homeland Security for
7    review and input on the emergency preparedness activities
8    prior to submitting in a permit application to the Agency.
9    Proof of this submission must be included with the permit
10    application. The plan must:
11            (A) identify the resources and infrastructure near
12        carbon sequestration activity;
13            (B) identify potential risk scenarios that would
14        result in the need to trigger a response plan.
15        Potential risk scenarios must include, at a minimum:
16                (i) injection or monitoring well integrity
17            failure;
18                (ii) injection well monitoring equipment
19            failure;
20                (iii) fluid or carbon dioxide release;
21                (iv) natural disaster; or
22                (v) induced or natural seismic event;
23            (C) describe response actions necessary to prepare
24        for and address each risk scenario identified in the
25        emergency response plan. These actions should include,
26        but are not limited to, identification and maintenance

 

 

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1        of sensors and alarms to detect carbon dioxide leaks,
2        an internal and external communications plan
3        accounting for external communications to the public
4        in the primary languages of potentially impacted
5        populations, a training program that includes regular
6        training for employees and emergency responders on how
7        to handle carbon dioxide, public safety, and
8        evacuation plans, and post-incident analysis and
9        reporting procedures;
10            (D) identify personnel and equipment necessary to
11        comprehensively address the emergency;
12            (E) describe emergency notification procedures,
13        including notifications to and coordination with State
14        and local emergency response agencies;
15            (F) describe the process for determining the
16        nature and extent of any injuries or private or public
17        property damage attributable to the release of carbon
18        dioxide;
19            (G) include an air and soil gas monitoring plan
20        designed to determine the nature and extent of any air
21        or soil gas impacts attributable to a release from the
22        permitted carbon sequestration activity; and
23            (H) provide any additional information or action
24        plans requested by the Agency or the Illinois
25        Emergency Management Agency and Office of Homeland
26        Security.

 

 

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1        This requirement may be satisfied by the submission of
2    copies of documents provided to the United States
3    Environmental Protection Agency in accordance with 40 CFR
4    146.82 if the applicant satisfies the requirements of this
5    Section.
6        (8) The permit applicant must include a water impact
7    assessment report. The report must have been submitted to
8    the Department of Natural Resources and to the Soil and
9    Water Conservation District in the county in which the
10    project will be constructed. The report shall identify the
11    following:
12            (A) each water source to be used by the project;
13            (B) the pumping method to be used by the project;
14            (C) the maximum and expected average daily pumping
15        rates for the pumps used by the project;
16            (D) the impacts to each water source, such as
17        aquifer drawdown or river reductions; and
18            (E) a detailed assessment of the impact of the
19        project on water users near the area of impact.
20        The impact assessment shall consider the water impacts
21    (i) immediately following the project's initial
22    operations, (ii) at the end of the project's expected
23    operational life, and (iii) during a drought or other
24    similar event.
25        The permit applicant shall submit a certification to
26    the Agency from the Department of Natural Resources that

 

 

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1    the applicant has submitted its initial water use impact
2    study and is submitting to the Department of Resources the
3    applicant's ongoing water usage. This requirement may be
4    satisfied by the submission of copies of documents
5    provided to the United States Environmental Protection
6    Agency in accordance with 40 CFR 146.82 if the applicant
7    satisfies the requirements of this Section.
8        (9) The permit application must include a remedial
9    action plan designed to address the air and soil impacts
10    of a release from the carbon sequestration activity. The
11    remedial action plan must, at a minimum:
12            (A) identify all necessary remedial actions to
13        address air and soil impacts from a release from the
14        sequestration activity, consistent with Title XVII.
15        Soil impacts from a release of carbon dioxide must be
16        addressed through (i) the installation of an
17        appropriate treatment system designed to remove
18        contaminants of concerns emplaced by or the increase
19        in any contaminants of concern that result from, the
20        carbon sequestration activity or (ii) the removal of
21        all impacted soils and transportation of those soils
22        to an appropriately permitted facility for treatment,
23        storage or disposal;
24            (B) include a demonstration of the performance,
25        reliability, ease of implementation, and potential
26        impacts, including safety, cross-media impacts, and

 

 

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1        control of exposure of any residual contamination, of
2        the selected corrective actions; and
3            (C) identify a reasonable timeline and describe
4        the procedure for implementation and completion of the
5        remedial action plan, consistent with Title XVII,
6        following a release attributable to the sequestration
7        activity.
8        (10) The permit application must include a closure
9    plan that addresses the post-injection site care and
10    closure. The closure plan must include:
11            (A) the pressure differential between preinjection
12        and predicted post-injection pressures at all
13        injection zones;
14            (B) the predicted position of the carbon dioxide
15        plume and associated pressure front at site closure;
16            (C) a description of post-injection monitoring
17        location, methods, and proposed frequency;
18            (D) a proposed schedule for submitting
19        post-injection site care monitoring results to the
20        Agency; and
21            (E) the duration of the post-injection site care
22        period that ensures nonendangerment of groundwater, as
23        specified in 35 Ill. Adm. Code 620, or to human health
24        or the environment. The post-injection site care
25        period shall be no less than 30 years from the last
26        date of injection.

 

 

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1        This requirement may be satisfied by the submission of
2    copies of documents provided to the United States
3    Environmental Protection Agency in accordance with 40 CFR
4    146.93 if the applicant satisfies the requirements of this
5    Section.
6        (11) The permit application must contain a written
7    estimate of the cost of all air monitoring, soil gas
8    monitoring, emergency response, remedial action, and
9    closure activities required by this Section.
10        The cost estimate must be calculated in terms of
11    reasonable actual remedial, construction, maintenance, and
12    labor costs that the Agency would bear if contracting to
13    complete the actions set forth in an air monitoring, soil
14    gas monitoring, emergency response, remedial action, and
15    closure plans set forth in an Agency-approved permit.
16        The owner or operator must revise the cost estimate
17    whenever there is a change in the air monitoring, soil gas
18    monitoring, emergency response, remedial action, or
19    closure plans that would result in an increase to the cost
20    estimate.
21        The owner or operator must annually revise the cost
22    estimate to adjust for inflation.
23        Revisions to the cost estimate must be submitted to
24    the Agency as a permit modification.
25        (12) Proof that the applicant has financial assurance
26    sufficient to satisfy the requirements set forth in

 

 

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1    Section 59.10.
2        (13) Proof of insurance that complies with the
3    requirements set forth in Section 59.11.
 
4    (415 ILCS 5/59.7 new)
5    Sec. 59.7. Sequestration permit application fee. Upon
6submission of a sequestration facility permit application, and
7in addition to any other fees required by law, the
8sequestration operator shall remit to the Agency an initial,
9one-time permit application fee of $60,000. One-third of each
10sequestration facility permit application fee shall be
11deposited into the Water Resources Fund, the Emergency
12Planning and Training Fund, and the Carbon Dioxide
13Sequestration Administrative Fund.
 
14    (415 ILCS 5/59.8 new)
15    Sec. 59.8. Public participation. Prior to issuing a permit
16for carbon sequestration activity, the Agency shall issue a
17public notice of the permit application and draft permit. The
18public notice shall include a link to a website where copies of
19the permit application or draft permit, and all included
20attachments that are not protected under the Freedom of
21Information Act are posted, and shall provide information
22concerning the comment period on the draft permit and
23instructions for how to request a hearing on the draft permit.
24The Agency shall provide an opportunity for public comments on

 

 

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1the draft permit, and shall hold a public hearing upon
2request. The Agency will make copies of all comments received
3available on its website and consider those comments when
4rendering its permit decision.
 
5    (415 ILCS 5/59.9 new)
6    Sec. 59.9. Closure. The owner or operator of a carbon
7sequestration activity permitted in accordance with this Act
8shall monitor the site during the post-injection site care
9period, which shall be no less than 30 years after the last
10date of injection, as well as following certification of
11closure by United States Environmental Protection Act to show
12the position of the carbon dioxide and pressure front to
13ensure it does not pose an endangerment to groundwater, as
14specified in 35 Ill. Adm. Code 620, or to human health or the
15environment, unless and until the Agency certifies that a
16carbon sequestration facility is closed. Air and soil gas
17monitoring required by a carbon sequestration activity permit
18issued by the Agency must continue until the Agency certifies
19the carbon sequestration facility as closed. The Agency shall
20certify a carbon sequestration facility as closed if:
21        (1) the owner or operator submits to the Agency a copy
22    of a closure certification issued for the carbon
23    sequestration facility in accordance with 40 CFR 146.93;
24    and
25        (2) the owner or operator demonstrates to the Agency

 

 

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1    that no additional air or soil gas monitoring is needed to
2    ensure the carbon sequestration facility does not pose an
3    endangerment to groundwater, as specified in 35 Ill. Adm.
4    Code 620, or to human health or the environment.
5    This demonstration must include location-specific
6monitoring data. The certification of closure does not relieve
7an operator of any liabilities from the carbon sequestration
8activity or carbon sequestration facility.
 
9    (415 ILCS 5/59.10 new)
10    Sec. 59.10. Financial assurance.
11    (a) The owner or operator of a sequestration activity
12permitted in accordance with this Act shall maintain financial
13assurance in an amount equal to or greater than the cost
14estimate calculated in accordance with paragraph (11) of
15Section 59.6.
16    (b) The owner or operator of the sequestration activity
17must use one or a combination of the following mechanisms as
18financial assurance:
19        (1) a fully funded trust fund;
20        (2) a surety bond guaranteeing payment;
21        (3) a surety bond guaranteeing performance; or
22        (4) an irrevocable letter of credit.
23    (c) The financial assurance mechanism must identify the
24Agency as the sole beneficiary.
25    (d) The financial assurance mechanism shall be on forms

 

 

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1adopted by the Agency. The Agency must adopt these forms
2within 90 days of the date of the effective date of this
3amendatory Act of the 103rd General Assembly.
4    (e) The Agency shall release a trustee, surety, or other
5financial institution holding a financial assurance mechanism
6when:
7        (1) the owner or operator of a carbon sequestration
8    activity substitutes alternative financial assurance such
9    that the total financial assurance for the site is equal
10    to or greater than the current cost estimate, without
11    counting the amounts to be released; or
12        (2) the Agency determines that the owner or operator
13    is no longer required to maintain a permit.
14    (f) The Agency may enter into contracts and agreements it
15deems necessary to carry out the purposes of this Section,
16including, but not limited to, interagency agreements with the
17Illinois State Geological Survey, the Department of Natural
18Resources, or other agencies of the State. Neither the State
19nor any State employee shall be liable for any damages or
20injuries arising out of or resulting from any action taken
21under paragraph (11) of Section 59.6.
22    (g) The Agency may order that a permit holder modify the
23financial assurance or order that proceeds from financial
24assurance be applied to the corrective action at or closure of
25an injection site. The Agency may pursue legal action in any
26court of competent jurisdiction to enforce its rights under

 

 

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1financial instruments used to provide the financial assurance
2required under Section 59.10.
3    (h) An owner or operator of a carbon sequestration
4activity permitted in accordance with this Act that has a
5closure plan approved by United States Environmental
6Protection Agency in accordance with 40 CFR 146.93 may satisfy
7the financial assurance requirements for any portion of the
8cost estimates for closure costs required by the Agency by
9submitting to the Agency true copies of the financial
10assurance mechanism required by 40 CFR 146.85, if those
11mechanisms are compliant with Section 59.10.
 
12    (415 ILCS 5/59.11 new)
13    Sec. 59.11. Insurance.
14    (a) The owner or operator of a carbon sequestration
15activity permitted in accordance with this Act shall maintain
16insurance to cover wrongful death, bodily injuries, property
17damages, and public or private losses related to a release
18from the carbon sequestration facility from an insurer's
19holdings at least an A- rating by an AM Best or equivalent
20credit rating agency. Such insurance shall be in an amount of
21at least $25,000,000.
22    (b) The owner or operator of a carbon sequestration
23activity permitted in accordance with this Act must maintain
24insurance required by this Section throughout the period
25during which carbon dioxide is injected into the sequestration

 

 

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1site, throughout the post-injection time frame, and until the
2Agency certifies that the carbon sequestration facility is
3closed.
4    (c) The insurance policy must provide that the insurer may
5not cancel or terminate, except for failure to pay the
6premium.
7    (d) The insurance policy must allow for assignment to a
8successor owner or operator. The insurer shall not
9unreasonably withhold consent to assignment of the insurance
10policy.
 
11    (415 ILCS 5/59.12 new)
12    Sec. 59.12. Ownership of carbon dioxide; liability.
13    (a) The owner or operator of a sequestration activity
14permitted in accordance with this Act may be subject to
15liability for any and all damage, including, but not limited
16to, wrongful death, bodily injuries, or tangible property
17damages, caused by a release attributable to the sequestration
18activity, including, but not limited to, damage caused by
19carbon dioxide or other fluids released from the sequestration
20facility, regardless of who holds title to the carbon dioxide,
21the pore space, or the surface estate.
22    Liability for damage caused by a release attributable to
23the sequestration activity that is within a sequestration
24facility or otherwise within a sequestration operator's
25control, including carbon dioxide being transferred from a

 

 

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1pipeline to the injection well, may be joint and several with a
2third party adjudicated to have caused or contributed to such
3damage.
4    A claim of subsurface trespass shall not be actionable
5against an owner of operator of a sequestration facility
6conducting carbon sequestration activity in accordance with a
7valid Class VI permit and a permit issued by the Agency for a
8sequestration facility, unless the claimant proves that
9injection or migration of carbon dioxide:
10        (1) substantially interferes with the claimant's
11    reasonable use and enjoyment of their real property; or
12        (2) has caused wrongful death or direct physical
13    injury to a person, an animal, or tangible property.
14    The State shall not be liable for any damage caused by or
15attributable to the sequestration activity.
16    (b) The owner or operator of a sequestration activity
17permitted in accordance with this Act is liable for any and all
18damage that may result from equipment associated with carbon
19sequestration, including, but not limited to, operation of the
20equipment. Liability for harms or damage resulting from
21equipment associated with carbon sequestration, including
22equipment used to transfer carbon dioxide from the pipeline to
23the injection well, may be joint and several with a third party
24adjudicated to have caused or contributed to such damage.
25    (c) Title to carbon dioxide sequestered in this State
26shall be vested in the operator of the sequestration facility.

 

 

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1Sequestered carbon dioxide is a separate property independent
2of the sequestration pore space.
 
3    (415 ILCS 5/59.13 new)
4    Sec. 59.13. Carbon Sequestration Long-Term Trust Fund. The
5Carbon Dioxide Sequestration Long-Term Trust Fund is hereby
6created as a State trust fund in the State treasury. The Fund
7may receive deposits of moneys made available from any source.
8All moneys in the Fund are to be invested and reinvested by the
9State Treasurer. All interest accruing from these investments
10shall be deposited into the Fund to be used under the
11provisions of this Section. Moneys in the Fund may be used by
12the Agency to cover costs incurred to:
13        (1) take any remedial or corrective action necessary
14    to protect human health and the environment from releases,
15    or threatened releases, from a sequestration facility;
16        (2) monitor, inspect, or take other action if the
17    sequestration operator abandons a sequestration facility
18    or injection site, or fails to maintain its obligations
19    under this Act;
20        (3) compensate any person suffering any damages or
21    losses to a person or property caused by a release from a
22    sequestration facility or carbon dioxide pipeline who is
23    not otherwise compensated from the sequestration operator;
24    or
25        (4) any other applicable costs under the Act.

 

 

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1    Nothing in this Section relieves a sequestration operator
2from its obligations under this Act, from its liability under
3Section 59.12, or its obligations to maintain insurance and
4financial assurances under Sections 59.10 and 59.11.
 
5    (415 ILCS 5/59.14 new)
6    Sec. 59.14. Water Resources Fund. The Water Resources Fund
7is hereby created as a special fund in the State treasury to be
8administered by the Department of Natural Resources. The Fund
9shall be used by the Department of Natural Resources for
10administrative costs under obligations under the Water Use Act
11of 1983, the Environmental Protection Act, or related
12statutes, including, but not limited to, reviewing water use
13plans and providing technical assistance to entities for water
14resource planning.
 
15    (415 ILCS 5/59.15 new)
16    Sec. 59.15. Environmental Justice Grant Fund. The
17Environmental Justice Grant Fund is hereby created as a
18special fund in the State treasury to be administered by the
19Agency. The Fund shall be used by the Agency to make grants to
20eligible entities, including, but not limited to, units of
21local government, community-based nonprofits, and eligible
22organizations representing areas of environmental justice
23concern, to fund environmental projects benefiting areas of
24the State that are disproportionately burdened by

 

 

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1environmental harms. Eligible projects include, but are not
2limited to, water infrastructure improvements, energy
3efficiency projects, and transportation decarbonization
4projects.
 
5    (415 ILCS 5/59.16 new)
6    Sec. 59.16. Carbon Dioxide Sequestration Administrative
7Fund. The Carbon Dioxide Sequestration Administrative Fund is
8hereby created as a special fund within the State treasury to
9be administered by the Agency. Moneys in the fund may be used:
10        (1) for Agency administrative costs incurred for the
11    regulation and oversight of sequestration facilities
12    during their construction, operation, and post-injection
13    phases; and
14        (2) to transfer moneys to funds outlined in Sections
15    59.13, 59.14, and 59.15 for the purpose of implementing
16    and enforcing the Act.
17    The Fund may receive deposits of moneys made available
18from any source, including, but not limited to, fees, fines,
19and penalties collected under this Act, investment income, and
20moneys deposited or transferred into the Fund.
 
21    (415 ILCS 5/59.17 new)
22    Sec. 59.17. Sequestration annual tonnage fee.
23    (a) Beginning July 1, 2025, and each July 1 thereafter,
24each sequestration operator shall report to the Agency the

 

 

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1tons of carbon dioxide injected in the prior 12 months.
2    (b) If the sequestration operator does not possess a
3project labor agreement, the sequestration operator shall be
4assessed a per-ton sequestration fee of $0.62.
5    (c) If the sequestration operator does possess a project
6labor agreement, the sequestration operator shall be assessed
7a per-ton sequestration fee of $0.31.
8    (d) The fee assessed to the sequestration operator under
9subsection (c) shall be reduced to $0.31 for every ton of
10carbon dioxide injected into a sequestration facility in that
11fiscal year if the sequestration operator successfully
12demonstrates to the Department that the following types of
13construction and maintenance were conducted in the State
14during that fiscal year by the sequestration operator and were
15performed by contractors and subcontractors signatory to a
16project labor agreement used by the building and construction
17trades council with relevant geographic jurisdiction:
18        (1) construction and maintenance of equipment
19    associated with the capture of carbon dioxide, including,
20    but not limited to, all clearing, site preparation,
21    concrete, equipment, and appurtenance installation;
22        (2) construction and maintenance of carbon dioxide
23    pipelines used to transport carbon dioxide streams to the
24    sequestration facility, including, but not limited to, all
25    clearing, site preparation, and site remediation. For
26    purposes of this subsection (d), a national multi-craft

 

 

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1    project labor agreement governing pipeline construction
2    and maintenance used in the performance of the work
3    described in this subsection shall satisfy the project
4    labor agreement requirement;
5        (3) construction and maintenance of compressor
6    stations used to assist in the transport of carbon dioxide
7    streams via carbon dioxide pipeline, including, but not
8    limited to, all clearing, site preparation, concrete,
9    equipment, and appurtenance installation; and
10        (4) construction of carbon dioxide injection wells
11    used at the sequestration facility, including, but not
12    limited to, all clearing, site preparation, drilling,
13    distribution piping, concrete, equipment, and appurtenance
14    installation.
15    (e) Sequestration fees shall be deposited into the Carbon
16Dioxide Sequestration Administrative Fund.
17    (f) The per-ton fee for carbon dioxide injected shall be
18increased by an amount equal to the percentage increase, if
19any, in the Consumer Price Index for All Urban Consumers for
20all items published by the United States Department of Labor
21for the 12 months ending in March of the year in which the
22increase takes place. The rate shall be rounded to the nearest
23one-hundredth of one cent.
24    (g) For the fiscal year beginning July 1, 2025, and each
25fiscal year thereafter, the Agency, in consultation with the
26Illinois Emergency Management Agency and the Office of

 

 

10300SB1289ham003- 104 -LRB103 05989 LNS 74086 a

1Homeland Security, the Department of Natural Resources, and
2the Office of Comptroller, shall direct the following
3transfers from amounts collected under this Act by the Agency:
4        (1) 10% shall be retained in the Carbon Dioxide
5    Sequestration Administrative Fund;
6        (2) 2% shall be transferred to the Water Resources
7    Fund;
8        (3) 6% shall be transferred to the Oil and Gas
9    Resource Management Fund;
10        (4) 20% shall be transferred to the Emergency Planning
11    and Training Fund;
12        (5) 28% shall be transferred to the Carbon Dioxide
13    Sequestration Long-Term Trust Fund;
14        (6) 10% shall be transferred to the General Revenue
15    Fund; and
16        (7) 24% shall be transferred to the Environmental
17    Justice Grant Fund.
 
18    Section 97. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".